Consumer Bankruptcy Committee

Committees

Post date: Thursday, March 03, 2022

It has been two years since the Eighth Circuit Court of Appeals affirmed the BAP’s ruling [1] in In re Lerbakken [2] disallowing a debtor’s claimed exemption in retirement funds awarded by divorce dissolution under 11 U.S.C. § 522(b)(3)(C).

Post date: Thursday, March 03, 2022

As the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the Act) works through its rebellious teenage years, courts continue to address debtor behavior through the provisions of the Act impacting the applicability of the automatic stay.

Post date: Monday, December 13, 2021

November 2021 brought with it a first-of-its-kind, incredibly successful event with ABI’s Consumer Practice Extravaganza Nov. 3-12 (CPEX21). Attendees learned about all aspects of consumer bankruptcy practice from intake to post-filing, and from basic chapter 7 cases to cryptocurrency. One common theme may have gone unnoticed, however: access to justice.

Post date: Monday, December 13, 2021

The Second Circuit’s August 2021 decision in In re Gravel[1] has already received considerable attention and generated much debate. Gravel involved the Vermont bankruptcy court’s initial entry of $375,000 in sanctions against a mortgage creditor based on the creditor’

Post date: Monday, December 13, 2021

Co-Chairs Chris Hawkins and Michelle Bass thank all committee members for their support and participation this year. Despite the continuing challenges presented by COVID-19, we were able to maintain momentum in 2021 after a very productive 2020.

Post date: Monday, August 30, 2021
Photo of Elizabeth E. Stephens
Elizabeth E. Stephens

In City of Chicago v. Fulton  (Fulton), [1] the Supreme Court settled a split among circuits regarding the correct interpretation of § 362(a)(3), which prohibits “any act to obtain possession of property of the estate or of property from the estate or to exercise control over of property of the estate.

Post date: Monday, August 30, 2021

In July, the Second Circuit issued an opinion favoring the dischargeability of certain private student loans in what appears to be a growing circuit trend. This trend correlates with the call for student loan reform, which has been at the forefront of the news in recent months.

Post date: Monday, August 30, 2021

The childhood riposte “none of your beeswax” has some legal analogs; among them is the doctrine of standing. Standing limits the scope of legal rules, including the automatic stay. [1] Many courts agree that acts in violation of the automatic stay are not voidable but void.

Post date: Friday, May 14, 2021

In a pair of decisions, the U.S. Bankruptcy Court for the Western District of Texas took on two fundamental issues arising in an adversary proceeding for nondischargeability concerning a judgment for defamation arising out of alleged sexual misconduct. In Joseph Mazzara v.

Post date: Friday, May 14, 2021

February 2020 brought some good news for borrowers hoping to discharge their student loans in bankruptcy with Judge Cecelia Morris’s decision in Rosenberg v. N.Y. State Higher Educ. Servs. Corp.[1] That hope seemed to be quashed again by the Second Circuit in March in an appeal by a different debtor in Tingling v.

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Fri, 2016-04-15

Who Pays the Price for Health Care Insolvencies: the Consumer, the Vendors or the Public at Large?

Sat, 2015-04-18

Consumer Mortgage Modification Mediation: A Florida Success Story

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Ms. Heather Giannino
Co-Chair
Heavner, Scott, Beyers & Mihlar, LLC
Decatur, IL
(217) 422-1719

Mrs. Hannah White Hutman
Co-Chair
Hoover Penrod PLC
Harrisonburg, VA
(540) 433-2444

Mr. Michael A. Miller
Communications Manager
The Semrad Law Firm, LLC
St. Charles, IL
(312) 256-8728

Ms. Karlene A. Archer
Education Director
Skylight Lending
Manlius, TN
(617) 314-3394

Mrs. Kara K. Gendron
Membership Relations Director
Mott & Gendron Law
Harrisburg, PA
(717) 232-6650

Mr. Patrick Hruby
Newsletter Editor
Brock & Scott, PLLC
Tampa, FL
(813) 342-2200

Mr. Jeffrey S. Fraser
Special Projects Leader
Albertelli Law
Lake Worth, FL
(954) 647-0691

Mr. Ari David Kunofsky
Special Projects Leader
Alexandria, VA
(202) 353-5264

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