Consumer Bankruptcy Committee

Committees

Post date: Wednesday, January 22, 2020

Let’s face it: Effective consumer bankruptcy lawyers eschew litigation. Bankruptcy procedures promote compromise, and bankruptcy judges favor settlement. Many bankruptcy lawyers develop good settlement skills without ever participating in formal dispute-resolution processes. But occasionally, even effective lawyers can’t settle a case on their own.

Post date: Monday, November 25, 2019

Effective Oct. 1, 2019, the U.S. Bankruptcy Court for the Middle District of Florida has started its student loan management program (SLM).

Post date: Monday, November 25, 2019

On Aug. 26, 2019, the Family Farmer Relief Act of 2019 (Pub. L. No: 116-51) was signed into law, substantially increasing the debt limit for agricultural producers seeking to file for relief under chapter 12. The debt limit increase — from approximately $4.3 million to $10 million — will dramatically expand chapter 12 bankruptcy eligibility at a time of turmoil for the U.S.

Post date: Monday, November 25, 2019

Through the reaffirmation process, debtors may voluntarily enter into agreements with creditors to repay otherwise-dischargeable debts.[2] However, when a dispute arises as to whether a party has performed its end of the bargain, the question becomes whether the terms of the original agreement or the reaffirmation agreement apply.

Post date: Monday, November 11, 2019
Photo of Kimberly Ross Clayson
Kimberly Ross Clayson

In a chapter 13 bankruptcy, a debtor in default under a residential lease may assume the lease but the debtor’s plan must provide a cure provision for the pre-peti

Post date: Friday, July 12, 2019

On May 7, 2019, the Consumer Financial Protection Bureau (CFPB or Bureau) issued its long-awaited Notice of Proposed Rulemaking (NPR) for debt collection. These proposals precede a final rule that will be known as Regulation F and will be the first rules issued under the tenure of Director Kathleen Kraninger.

Post date: Thursday, July 11, 2019

Whether it’s a client in financial difficulty or a client pursuing the collection of assets or debts owed, insolvency issues play a prominent role for federal practitioners with commercial and general litigation practices.

Post date: Thursday, July 11, 2019

On May 19, 2019, Senator Dick Durbin introduced Senate Bill 1414, which proposes a simple solution to the ongoing question of how student loans should be handled in bankruptcy. It would strike § 523(a)(8) in its entirety from the Bankruptcy Code, thereby making any governmental or private student loan immediately dischargeable.

Post date: Tuesday, May 28, 2019

Editor’s Note: The following article, “The Bankruptcy Code’s Disservice to Those Who Served” won the prize for third place in the 11th Annual ABI Bankruptcy Law Student Writing Competition. Mr. Jonathan S. Glover is a third year student at Stetson University College Of Law in Gulfport, Florida. Thank you to Jenner & Block for sponsoring this prize.

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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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