Consumer Bankruptcy Committee

Committees

Post date: Wednesday, February 24, 2021

The Consolidated Appropriations Act of 2021 (CAA), which passed in Congress on Dec. 27, 2020, introduced some noteworthy additions to the Bankruptcy Code. One such issue is the changing relationship between chapter 13 debtors and mortgage lenders when it comes to forbearance requests under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).

Post date: Wednesday, February 24, 2021

Regarding chapter 13, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) in part allows chapter 13 debtors experiencing a material financial hardship as a result of the COVID-19 pandemic to modify the length of their bankruptcy plan to a maximum of 84 months [1], up to an additional 24 months if the plan was initially s

Post date: Thursday, October 29, 2020
Photo of Shirley Palumbo, Esq. LL.M.
Shirley Palumbo, Esq. LL.M.

On Oct. 13, 2020, the U.S. Supreme Court heard oral argument that may alter the way bankruptcy courts interpret possession and control under Bankruptcy Code § 362(a)(3), and the right of turnover under the ambit of § 542(a). In Chicago v.

Post date: Thursday, October 29, 2020

The Child Tax Credit statute (CTC), codified in 26 U.S.C. § 24, has received varying degrees of protection in bankruptcy proceedings. Consumer debtors receiving a tax refund attributable to the statute must decide how to treat tax refund proceeds early on in their bankruptcy proceeding.

Post date: Thursday, October 29, 2020

The extensive 2017 changes to the Bankruptcy Rules included a model chapter 13 plan. These changes were designed to bring more uniformity to chapter 13 practice. Uniformity is helpful for both consumers and creditors alike; where courts agree on a majority practice across the country, national lenders become more efficient in their practices.

Post date: Thursday, October 29, 2020

In 2019, the U.S. Supreme Court adopted an amendment to Rule 6007 of the Federal Rules of Bankruptcy Procedure that makes clear that a creditor that files for abandonment of property of the estate under 11 U.S.C. § 554(b) must serve its motion on all creditors pursuant to Fed. R. Bankr. P. 7004.

Post date: Monday, August 31, 2020

A recent Fifth Circuit ruling provides significant protection of a debtor’s inherent rights under the Bankruptcy Code. In Brown v.

Post date: Wednesday, August 26, 2020

As overall consumer debt has increased over the years, student loan debt has correspondingly increased to astronomical levels.

Post date: Wednesday, August 26, 2020

Happy Birthday to the “means test,” enacted in 2005 and the centerpiece of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA).[1] In chapter 7 cases, the means test stands for the general proposition that consumers with the “means” to repay some or all of their debts are barred from filing.

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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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