Consumer Bankruptcy Committee

Committees

Post date: Wednesday, April 15, 2020

The automatic stay is one of the most extraordinary features of the Bankruptcy Code,[1] and the scope of the prohibition against the initiation or continuation “of a judicial, administrative, or other action or proceeding against the debtor” is extremely broad.[2] While the st

Post date: Thursday, February 27, 2020

Contact the Author

Post date: Wednesday, January 22, 2020

Richard Cole (rcole3@gmail.com) and Jon Lieberman (jon.lieberman@sottileandbarile.com), co-chairs of the ABI Consumer Committee, would like to thank all of the committee members and leaders who have made 2019 a most productive and exciting year.

Post date: Wednesday, January 22, 2020

Let’s face it: Effective consumer bankruptcy lawyers eschew litigation. Bankruptcy procedures promote compromise, and bankruptcy judges favor settlement. Many bankruptcy lawyers develop good settlement skills without ever participating in formal dispute-resolution processes. But occasionally, even effective lawyers can’t settle a case on their own.

Post date: Monday, November 25, 2019

Effective Oct. 1, 2019, the U.S. Bankruptcy Court for the Middle District of Florida has started its student loan management program (SLM).

Post date: Monday, November 25, 2019

On Aug. 26, 2019, the Family Farmer Relief Act of 2019 (Pub. L. No: 116-51) was signed into law, substantially increasing the debt limit for agricultural producers seeking to file for relief under chapter 12. The debt limit increase — from approximately $4.3 million to $10 million — will dramatically expand chapter 12 bankruptcy eligibility at a time of turmoil for the U.S.

Post date: Monday, November 25, 2019

Through the reaffirmation process, debtors may voluntarily enter into agreements with creditors to repay otherwise-dischargeable debts.[2] However, when a dispute arises as to whether a party has performed its end of the bargain, the question becomes whether the terms of the original agreement or the reaffirmation agreement apply.

Post date: Monday, November 11, 2019
Photo of Kimberly Ross Clayson
Kimberly Ross Clayson

In a chapter 13 bankruptcy, a debtor in default under a residential lease may assume the lease but the debtor’s plan must provide a cure provision for the pre-peti

Post date: Friday, July 12, 2019

On May 7, 2019, the Consumer Financial Protection Bureau (CFPB or Bureau) issued its long-awaited Notice of Proposed Rulemaking (NPR) for debt collection. These proposals precede a final rule that will be known as Regulation F and will be the first rules issued under the tenure of Director Kathleen Kraninger.

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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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