Consumer Bankruptcy Committee

Committees

Post date: Wednesday, February 02, 2005
Photo of Honorable Dennis R. Dow
Honorable Dennis R. Dow

An issue receiving much recent attention in the courts and among commentators is the nature and extent of the documentation required to be attached to proofs of un

Post date: Saturday, January 01, 2005
Photo of Robert C. Meyer
Robert C. Meyer

Creditors have always feared states with large homestead protections.

Post date: Saturday, January 01, 2005

In re Maronde, 332 B.R. 593 (Bankr. D. Minn. 2005), (N.

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 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: 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: 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.

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

Mr. Patrick Hruby
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

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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