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Post date: Friday, April 04, 2003

Secured Creditor’s Right to Contact Debtor Subsequent to Bankruptcy Discharge When the Debtor Retains the Collateral Without Redeeming or Reaffirming

Dennis J. LeVine, Esq.

Dennis LeVine & Associates, P.A.; Tampa, Florida

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

Settlement Does Not Mean Nondischargeability Claims are Dead

Dennis R. Dow

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

Post date: Sunday, February 02, 2003

Now You Have It, Now You Don’t: TILA Rescission Claims Brought by Chapter 13 Debtors

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.

Post date: Sunday, February 02, 2003

Limited Representation in the Bankruptcy Court: A Creditor’s Counsel Perspective

Lance E. Olsen

Absent special circumstances, an attorney representing a chapter 7 debtor may not limit the scope of representation.

Post date: Sunday, February 02, 2003

Consumer Resources Available From ABI

ABI continues to produce high-quality resources with information of value to consumer bankruptcy practitioners. The Nuts and Bolts program conducted by ABI immediately before the Annual Spring Meeting featured presentations on the fundamentals of consumer bankruptcy law.

Post date: Wednesday, January 01, 2003

Replacement Cost or Liquidation Value — What Is the Appropriate Standard for Redemption in a Chapter 7 Case?

Dennis LeVine

Under §722 of the U.S. Bankruptcy Code, a debtor may redeem collateral from a lien by paying the secured creditor, in a lump sum, the value of the collateral. An increasing number of debtors have been obtaining loans to “redeem” collateral in chapter 7 cases.

Post date: Wednesday, January 01, 2003

Confirmation of Chapter 13 Plans With Early Lien Release Provisions

Dennis R. Dow

Recently, several bankruptcy courts have reviewed the issue of whether a chapter 13 plan containing a provision requiring the release of a lien if the allowed secured claim has been paid in full prior to the completion of the chapter 13 plan may be confirmed. In re

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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