Consumer Bankruptcy Committee

Committees

Post date: Thursday, November 11, 2004

A chapter 7 debtor seeking to retain personal property secured by a lien has several options available, one of which is redeeming the property from the lien pursua

Post date: Wednesday, May 05, 2004
Photo of Hon. Roger Whelan
Hon. Roger Whelan

The Supreme Court, apparently without resort to a calculator, decided the cramdown interest issue by employing a formula approach.

Post date: Wednesday, May 05, 2004

Compensation of debtor's counsel in consumer cases was the focus of the Consumer Committee meeting held on April 16, 2004, at the Annual Spring Meeting in Washington, D.C., and attended by approximately 50 members.

Post date: Wednesday, May 05, 2004
Photo of Hon. William Houston Brown
Hon. William Houston Brown

rst time that the bankruptcy court lacked jurisdiction over the claim raised in the untimely amended complaint upon which the bankruptcy court had based its decision.

Post date: Wednesday, May 05, 2004
Photo of Hon. Roger Whelan
Hon. Roger Whelan

The Supreme Court held that the discharge of a student loan debt, as an exercise of the bankruptcy court’s in rem jurisdiction, does not infringe the state’s sovereign immunity.

Post date: Thursday, January 01, 2004
Photo of Hon. Dennis R. Dow
Hon. Dennis R. Dow

In Lamie v. United States Trustee, 540 U.S. ___ (2004), the Supreme Court affirmed the Fourth Circuit and held that a chapter 7 debtor’s attorney must be appointed by the trustee, and approved by the court, pursuant to 11 U.S.C.

Post date: Thursday, January 01, 2004
Photo of Hon. Dennis R. Dow
Hon. Dennis R. Dow

In Bethea v. Robert J. Adams and Associates, 352 F.3d 1125 (7th Cir. 2003), the Seventh Circuit has ruled that in a chapter 7 case a pre-petition agreement for payment of legal fees creates a debt subject to discharge like any other.

Post date: Friday, April 04, 2003

Debtors in bankruptcy often retain secured collateral (such as a home or car) without redeeming the collateral or reaffirming the secured debt.

Post date: Monday, March 03, 2003
Photo of Dennis R. Dow
Dennis R. Dow

In the recent case of Archer v. Warner, 123 S.Ct.

Post date: Sunday, February 02, 2003
Photo of Dennis R. Dow
Dennis R. Dow

An increasing number of debtors in bankruptcy are raising Truth in Lending Act (“TILA”) rescission issues in an attempt to avoid the security interest of their mortgage lenders. Recently, the Federal District Court for the District of Kansas weighed in on this issue.

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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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