Consumer Bankruptcy Committee

Committees

Post date: Monday, September 12, 2022
Photo of Timothy J. Anzenberger
Timothy J. Anzenberger

One year ago, the value of cryptocurrencies exploded. Some invested their life savings to purchase crypto, [1] and some made lucrative, life-changing returns doing so. [2] By the summer of 2022, though, crypto had crashed.

Post date: Monday, May 23, 2022

A chapter 13 bankruptcy allows a defaulted homeowner the unique benefit of saving real property, along with other secured debt. Given the benefits of chapter 13, this particular type of bankruptcy has the ability to help a large mass of people, and as such requires an orderly administration.

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.

Pages

Thu, 2020-01-23

This webinar will discuss how new Bankruptcy Student Loan Management Programs are helping debtors solve their student loan issues. The webinar will cover the issues affecting debtors and their student loans as well as the solutions and tools the courts are implementing.

Tue, 2019-07-30

On July 30, 2019, the leadership of the Consumer Bankruptcy Committee presented the free webinar “The Intersection of Bankruptcy and the FDCPA: the CFPB’s Notice of Proposed Rulemaking.”  The expert panel included Committee Co-Chair Jon Lieberman (Sottile & Barile LLC; Loveland, Ohio), Chris Hawkins (The Bradley Firm; Birmingham, Alabama), and Keith Larson (Seiller Waterman LLC; Louisville, Kentucky.)

 

Thu, 2017-10-12

The CFPB enacted certain changes for 2017 and 2018 which bring about fundamental changes in the practice and daily life of consumers, servicers, trustees and bankruptcy practitioners. The new rules add additional forms and heightened requirements that will affect the daily practice of anyone involved in the mortgage and lending world.

Fri, 2017-06-16

Hear a stimulating, high energy discussion involving a debtor's attorney, a chapter 12 trustee and a bankruptcy judge sharing the special and surprising aspects of chapter 12. Learn tips to navigate the challenges and to evaluate this chapter choice. Topics covered will include farmer and fisherman bankruptcies, cramming down homes, long term amortizations, tax benefits, and eligibility requirements. This program is not just for chapter 12 practitioners - all bankruptcy practitioners and judges will enjoy this one hour overview of one of the most fascinating chapters of the Code.

Tue, 2017-01-17

The webinar will provide an overview of the National Form Plan and the opt-out compromise, as well as an update on the current status of the proposed rules. There will be a presentation about the other changes to the Federal Rules of Bankruptcy Procedure. Speakers will also lead a discussion of the requirements of Rule 3015.1 for courts choosing to opt out of the National Form Plan.

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

Mrs. Michelle Bass
Co-Chair
Wolfson Bolton PLLC
Troy, MI
(248) 210-3876

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

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

Mr. Michael A. Miller
Membership Relations Director
The Semrad Law Firm, LLC
Naperville, IL
(312) 256-8728

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

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

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

Please note that in order to view the content for the Committee Newsletters you must either sign in if you are already an ABI member, or otherwise you may Become an ABI Member