Scott St. Amand

Scott St. Amand

Rogers Towers

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Eleventh Circuit Doubles Down on Lien Stripping

When the Fourth Circuit handed down its opinion in the case of In re Davis, which permitted lien stripping in “Chapter 20” proceedings, the stage was set for the Eleventh Circuit to expand debtor’s ability to escape from...more

6/30/2014 - BAPCPA Chapter 13 Chapter 20 Chapter 7 Consumer Bankruptcy Junior Lenders Lien Stripping Liens Mortgage Loan Originators Mortgages

Paying Attorney’s Fees Not Reason to File Chapter 13

Of the three most common chapters of the Bankruptcy Code, Chapter 7 offers an insolvent individual the freshest of starts; yet it is not without its pitfalls. Under Chapter 7 a debtor is not permitted to pay his attorney in...more

2/19/2014 - Attorney's Fees Chapter 13 Chapter 7 Consumer Bankruptcy

Caveat Debtor: Disgorging Inheritance in Chapter 13 Cases

A recent case out of the 9th Circuit, In re Dale, revives a controversial subject for Chapter 13 debtors: whether an inheritance received more than 180 days after commencement of the case is part of the bankruptcy estate. ...more

2/11/2014 - Chapter 13 Chapter 7 Consumer Bankruptcy Disgorgement Inheritance

Status as a Debtor not Enough to Confer Appellate Standing

“Standing” is a legal term of art that refers to a party’s ability to bring a cause of action, to intercede in one or to appeal the court’s judgment. To prove appellate standing in a bankruptcy proceeding, a party must show...more

12/26/2013 - Chapter 7 Commercial Bankruptcy Debtor-Creditor Standing Trustees

Chapter 20 in the Eleventh Circuit: Modification of Secured Claims Impermissible Without Discharge

Nearly a year ago to the day, we published a post regarding the uncertainty that bankruptcy practitioners and lenders faced when a Chapter 7 debtor received a discharge, and subsequently filed a Chapter 13 petition to strip...more

11/7/2013 - Chapter 13 Chapter 20 Chapter 7 Consumer Bankruptcy Cramdown Debtors Dischargeable Debts Lenders

Rogers Towers: New York Bankruptcy Court Clears Way for McNeal Rehearing

The long-awaited rehearing of In re McNeal has been given the green light from an unlikely source – a New York Bankruptcy Court Judge....more

8/15/2013 - Chapter 11 Chapter 7 Consumer Bankruptcy In re McNeal Reversible Error

Rogers Towers: Dismissal for Failure to Prosecute: Debtor’s Bankruptcy Appeal Tossed for Delay by Eleventh Circuit

As creditors’ counsel, we have often faced debtors who file bankruptcy simply to delay and frustrate the collection process. A recent case out of the Eleventh Circuit typifies the no-nonsense attitude that bankruptcy and...more

8/8/2013 - Chapter 7 Consumer Bankruptcy Debt Collection Debtors Failure to Prosecute Student Loans

Rogers Towers: A Lesson from the Lumber Yard: Middle District of Florida Raises Particularity Requirement for Trustee Standing in...

One of the primary roles of a Chapter 7 trustee is to ensure that the bankruptcy estate is preserved prior to liquidation. It is no wonder, then, that the Trustee’s avoidance powers are well defined by the Bankruptcy Code....more

5/7/2013 - Anti-Avoidance Chapter 11 Chapter 7 Trustees

Rogers Towers: A Potential End-Around McNeal: Liens Partially Secured by Personal Property

When the time comes to collect a debt, few organizations are as accomplished as the Internal Revenue Service. The IRS showed just such guile in the case of In re Williams, a recent Chapter 7 proceeding in the Middle District...more

4/4/2013 - Chapter 7 In re McNeal IRS Personal Property Tax Liens

Roger Towers: Though not Precedent, McNeal Proves Persuasive in Southern District of Florida

Mortgage modification has long been an angst-ridden topic for consumer creditors. The issue once again rose to the forefront in May of 2012, when the Eleventh Circuit issued the unpublished opinion of In re McNeal, wherein...more

1/24/2013 - Appraisal Chapter 7 Mortgages Split of Authority Strip-Offs

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