Consumer Bankruptcy Committee


Post date: Thursday, November 13, 2014

Proposed revisions to the Federal Rules of Bankruptcy Procedure and Official Forms are now published for comment. The proposed revisions affect Rules 2002, 3002, 3007, 3012, 4003, 5009, 7001 and 9009.  Most of the changes affect practice in chapter 13 cases. 

Post date: Tuesday, November 11, 2014
Photo of Justin R. Storer
Justin R. Storer

Clients can’t all be sweet little grandmas on Social Security. Sooner or later, every consumer lawyer will end up running into the occasional “bad actor”: someone hoping to dodge criminal fines, restitution or benefits overpayment. Someone who has done something a little sketchy.

Post date: Wednesday, September 10, 2014

The facts are simple. A debtor files for chapter 13 and proposes a plan, which is confirmed. The debtor makes payments pursuant to the terms of the plan but is unable to continue funding the plan a considerable time later. The case is converted to chapter 7, and on the date of conversion, the chapter 13 trustee is holding funds that were earmarked for creditors but have not been paid out.

Post date: Thursday, July 24, 2014

Many Americans are questioning the future solvency of the Social Security program and, although its severity is inconclusive, many doubt that they will receive Social Security payments, causing them to seek additional financial arrangements.

Post date: Thursday, July 24, 2014

[1]Chapter 7 individual debtors with business debts and surplus income, beware! In Schlehuber v. Fremont Nat’l Bank & Trust Co. (In re Schlehuber),[2] the Eighth Circuit affirmed a Nebraska bankruptcy court’s order to convert an individual debtor’s chapter 7 case to chapter 11 — not under § 707‌(b), as commonly used in consumer cases with facts similar to Schlehuber — but under § 706‌(b). Section 706‌(b) states that “[o]‌n request of a party in interest and after notice and a hearing, the court may convert a case under this chapter to a case under chapter 11 of this title at any time.”[3]

Post date: Tuesday, July 08, 2014

[1]On June 12, Sens. Elizabeth Warren (D-Mass.) and Sheldon Whitehouse (D-R.I.) introduced S. 2471, the Medical Bankruptcy Fairness Act of 2014,[2] which would amend §§ 101, 104, 109, 521, 522, 523, 707 and 1325 of the Bankruptcy Code to create a new class of “medically distressed debtors.”

Post date: Monday, July 07, 2014
Photo of Austin C. Smith
Austin C. Smith

[1]The common belief that all student loans are protected from discharge in bankruptcy is based on a misunderstanding of 11 U.S.C. § 523‌(a)‌(8). Since 1990, bankruptcy courts have been misreading the statute to prevent any student debt that could be construed as providing educational benefits or advantages from discharge.

Post date: Monday, August 08, 2011

The Bankruptcy Code requires debtors to file a schedule of their assets and liabilities.

Post date: Thursday, May 05, 2011
Photo of Louis M. Bubala, III
Louis M. Bubala, III

In many common nondischargeability claims, the plaintiff creditor must prove the debtor defendant’s intentional misconduct.


Mr. Christopher L. Hawkins
Bradley Arant Boult Cummings LLP
Birmingham, AL
(205) 521-8556

Mr. Jon Jay Lieberman
Sottile & Barile LLC
Loveland, OH
(859) 912-1659

Mr. John R. Bollinger
Communications Manager
Boleman Law Firm, PC
Hampton, VA
(757) 825-5577

Ms. Heather Giannino
Education Director
Heavner, Beyers & Mihlar, LLC
Decatur, IL
(217) 422-1719

Ms. Karlene A. Archer
Membership Relations Director
Legal Aid Society of Mid-New York
Manlius, TN
(617) 314-3394

Mrs. Michelle Bass
Newsletter Editor
Wolfson Bolton PLLC
Troy, MI
(248) 247-7070

Mrs. Hannah White Hutman
Special Projects Leader
Hoover Penrod PLC
Harrisonburg, VA
(540) 433-2444

Mr. Keith James Larson
Special Projects Leader
Seiller Waterman, LLC
Louisville, KY

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