Sometimes it is better for the trustee not to object to an “arguably” inapplicable claim of exemption. That’s one of the takeaways from the Sixth Circuit’s recent decision in Biondo v. Gold, Lange, Majoros & Smalarz P.C. (In re Biondo) [1].
Consumer Bankruptcy Committee
Committees
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.
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.
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.
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’
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.
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.
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.
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.) The Consumer Financial Protection Bureau’s (CFPB) efforts to update the Fair Debt Collections Practices
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.
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
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Mr. Jeffrey S. Fraser
Co-Chair
Albertelli Law
Lake Worth, FL
(954) 647-0691
Co-Chair
Albertelli Law
Lake Worth, FL
(954) 647-0691
Mr. Patrick Hruby
Co-Chair
Brock & Scott, PLLC
Tampa, FL
(813) 342-2200
Co-Chair
Brock & Scott, PLLC
Tampa, FL
(813) 342-2200
Mr. Daryl J. Smith, Esq.
Communications Manager
Chapter 13 Trustee Office
Shreveport, LA
(318) 673-8244
Communications Manager
Chapter 13 Trustee Office
Shreveport, LA
(318) 673-8244
Mr. Jeffrey S. Fraser
Special Projects Leader
Albertelli Law
Lake Worth, FL
(954) 647-0691
Special Projects Leader
Albertelli Law
Lake Worth, FL
(954) 647-0691
Mr. Ari David Kunofsky
Special Projects Leader
Alexandria, VA
(202) 353-5264
Special Projects Leader
Alexandria, VA
(202) 353-5264