Consumer Bankruptcy Committee

Committees

Post date: Monday, August 01, 2016
Photo of Jesse Valdez
Jesse Valdez

Editor's Note: In re Perl is a case that may have significant ramifications, which has drawn the following articles by Jesse Valdez, Esq., who examines why the Court reached the correct decision, and by Shannon Doyle, E

Post date: Monday, August 01, 2016
Photo of Catherine Martarella
Catherine Martarella

Chapter 7 debtors who own real property need to understand their options, and the potential consequences of their choices.  In Failla v. Citibank, 542 B.R. 606 (S.D. Fla. 2015),[1] the court held that a debtor who states his or her intention to surrender under Section 521(a)(2) cannot defend a subsequent foreclosure.

Post date: Monday, August 01, 2016

In a 7-1 decision written by Justince Sotomayor, with Justice Thomas dissenting, the Supreme Court ruled that actual fraud under Section 523(a)(2)(A) of the Bankruptcy Code does not require a false representation and is broad enough to include a fraudulent conveyance.[1]

Post date: Monday, August 01, 2016

Editor's Note: In re Perl is a case that may have significant ramifications, which has drawn the following articles by Jesse Valdez, Esq., who examines why the Court reached the correct decision, and by Shannon Doyle, Esq., who argues that the decision missed the mark.

Post date: Friday, June 10, 2016

Re: Trustee Sales in the 1st Circuit: A Reply to Attorney David G. Baker’s response to my article in the November 2015 issue of the American Bankruptcy Institute Journal[1] discussing In Re Traverse, 753 F.3d 19 (1st Cir.) , cert. denied sub nom. DeGiacamo v. Traverse, 1358 S.Ct.

Post date: Friday, June 10, 2016

Means testing was introduced to the world of bankruptcy with the adoption of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). The means test is set forth in 11 U.S.C. § 707‌(b)[1] and is applied to above-median debtors in chapter 13 through 11 U.S.C. § 1325‌(b).

Post date: Tuesday, May 31, 2016
Photo of Megan W. Murray
Megan W. Murray

Hurricane Sandy was the deadliest hurricane in the 2012 hurricane season and the second-costliest hurricane in U.S. history. It was Sandy that came ashore on Oct. 29, 2012, with a vengeance and destroyed the Zairs’ home, which was located within the jurisdiction of the U.S. Bankruptcy Court for the Eastern District of New York.

Post date: Thursday, April 28, 2016

On Dec. 1, 2015, the new bankruptcy forms went into effect. For creditors’ attorneys, the most notable of these forms is the proof-of-claim form. For debtors’ attorneys, the documents filed to commence the bankruptcy case are the ones that have most drastically changed.

Post date: Thursday, April 28, 2016

In recent times, proofs of claim, especially those filed by consumer lenders and debt purchasers, have come under increased scrutiny. Rule 3001 of the Federal Rules of Bankruptcy Procedure (FRBP) has been amended twice since 2010 to define more specifically what information is required to be included with claims.

Post date: Thursday, April 28, 2016
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Richard John Cole, III

In a no-asset chapter 7 case, an unlisted debt is generally discharged.

Pages

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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