On Oct. 13, 2020, the U.S. Supreme Court heard oral argument that may alter the way bankruptcy courts interpret possession and control under Bankruptcy Code § 362(a)(3), and the right of turnover under the ambit of § 542(a). In Chicago v.
Consumer Bankruptcy Committee
Committees
The Child Tax Credit statute (CTC), codified in 26 U.S.C. § 24, has received varying degrees of protection in bankruptcy proceedings. Consumer debtors receiving a tax refund attributable to the statute must decide how to treat tax refund proceeds early on in their bankruptcy proceeding.
The extensive 2017 changes to the Bankruptcy Rules included a model chapter 13 plan. These changes were designed to bring more uniformity to chapter 13 practice. Uniformity is helpful for both consumers and creditors alike; where courts agree on a majority practice across the country, national lenders become more efficient in their practices.
In 2019, the U.S. Supreme Court adopted an amendment to Rule 6007 of the Federal Rules of Bankruptcy Procedure that makes clear that a creditor that files for abandonment of property of the estate under 11 U.S.C. § 554(b) must serve its motion on all creditors pursuant to Fed. R. Bankr. P. 7004.
A recent Fifth Circuit ruling provides significant protection of a debtor’s inherent rights under the Bankruptcy Code. In Brown v.
As overall consumer debt has increased over the years, student loan debt has correspondingly increased to astronomical levels.
Happy Birthday to the “means test,” enacted in 2005 and the centerpiece of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA).[1] In chapter 7 cases, the means test stands for the general proposition that consumers with the “means” to repay some or all of their debts are barred from filing.
The Supreme Court’s opinion in Taggart v.
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