Consumer Bankruptcy Committee

Committees

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.

Post date: Friday, May 14, 2021

On March 25, 2021, the Eleventh Circuit Court of Appeals ruled that a chapter 7 discharge prohibits the holders of a nondischargeable debt from suing the debtor post-discharge to collect a judgment. Specifically, the ruling in Suvicmon Dev. Inc. v.

Post date: Friday, May 14, 2021

In re Horvath[1] provides a cautionary tale for debtors who seek to address judgment liens post-discharge, whether strategically or due to pre-filing negligence.

Post date: Wednesday, February 24, 2021

In the wreck of the Great Recession, numerous borrowers sought to avoid their homestead’s foreclosure despite material payment defaults. Many took advantage of chapter 13, which empowers, inter alia, an individual with a regular income to cure precisely such failures over time under § 1322 (b)(5).

Post date: Wednesday, February 24, 2021

One year into the economic crisis caused by the COVID-19 pandemic, unemployment rates have already surpassed the high levels seen during the Great Recession in 2009. [1] Like everyone in this country and around the world, debtors are struggling.

Post date: Wednesday, February 24, 2021

When a debtor reaffirms a dischargeable debt, this means the obligation will survive discharge and continue to be enforceable.

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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) 247-7070

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

Mr. Jeffrey S. Fraser
Communications Manager
Albertelli Law
Lake Worth, FL
(954) 647-0691

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

Mrs. Hannah White Hutman
Membership Relations Director
Hoover Penrod PLC
Harrisonburg, VA
(540) 433-2444

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

Ms. Heather Giannino
Special Projects Leader
Heavner, Beyers & Mihlar, LLC
Decatur, IL
(217) 422-1719

Mr. Keith James Larson
Special Projects Leader
Seiller Waterman, LLC
Louisville, KY
(502) 612-3780

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