Consumer Bankruptcy

Consumer bankruptcy is a process to reduce or eliminate personal as opposed to business debts. Consumer bankruptcies can be filed under either Chapter 7 or Chapter 13 of the bankruptcy code.  Debtors are... more +
Consumer bankruptcy is a process to reduce or eliminate personal as opposed to business debts. Consumer bankruptcies can be filed under either Chapter 7 or Chapter 13 of the bankruptcy code.  Debtors are eligible for Chapter 7 or Chapter 13 depending on the nature of their debts and assets. less -
News & Analysis as of

CFPB Reopens Comment Period on Proposed Amendments to Servicing Rules

On April 21, 2016, the CFPB reopened the comment period on a narrow portion of its December 15, 2014 notice of proposed rulemaking (the “NPR”), which would amend the mortgage servicing rules in Regulation X and Regulation Z....more

Hinshaw Thwarts Consumer's Attempt to Expand the Definition "Debt Collector" under FDCPA

Seo v. Education Credit Management Corporation, Case No. 1:15-cv-03703, 2016 WL 521065 (N.D. Ill. Feb. 9, 2016) - Hinshaw & Culbertson LLP lawyers convinced a district court judge in the Northern District of Illinois to...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19384 - State v. Carter - SC19282 - State v. Peeler - Appellate Court Advance Release Opinions: AC37262 - Dumbauld v. Dumbauld - AC37262 Concurrence -...more

The District of Massachusetts Calls for Review of Practice of “Surrendering” Underwater Property

For secured lenders, a consumer debtor’s chapter 13 bankruptcy filing can be a mixed bag. A chapter 13 bankruptcy petition often is utilized by a consumer debtor to avoid a foreclosure by allowing a debtor time (usually...more

West Coast Real Estate Update: April 2016 #1

Residential Communities: Calderon Process for HOAs Likely to Be Extended Again - The California Assembly Committee on Judiciary in early April unanimously passed Assembly Bill (AB) 1963 to extend the pre-litigation...more

Gavel to Gavel: Bankruptcy— deja vu all over again?

Whenever I meet someone recently and tell them that I’m a bankruptcy lawyer, they usually say something about how great business must be. Well, the bankruptcy business is better, but it’s not a replay of the...more

Breach of Fiduciary Duty Judgment May Be Dischargeable In Bankruptcy

It is not uncommon for a successful plaintiff in a breach of fiduciary duty case to have their collection efforts thwarted by a defendant filing for bankruptcy. The issue is whether the state court judgment is dischargeable...more

Blog: Official Bankruptcy Forms Revised To Reflect April 1, 2016 Dollar Amount Adjustments Now In Effect

As discussed in an earlier post called “Going Up: Bankruptcy Code Dollar Amounts Will Increase On April 1, 2016,” various dollar amounts in the Bankruptcy Code and related statutory provisions were increased for cases filed...more

New Statute Clarifies Florida’s Judgment Execution Law

Florida’s proceedings supplementary statute (Fla. Stat. 56.29) provides a wide range of collection options to judgment creditors. Over the years, courts inconsistently applied various parts of the statute, which had remained...more

Banking & Financial Services E-Note - March 2016

Within Burr & Forman's footprint, Florida, Mississippi, and Tennessee have passed statutes exempting Health Savings Account ("HSA") contributions from a debtor's bankruptcy estate. To date, the state of Georgia has not passed...more

The Court Doesn’t Care

Did you have to stop paying your bills because you lost your job, got sick, go divorced? The court doesn’t care. Are you in debt because your business that you worked night and day at failed? The court simply does not care....more

Court Confirms Bankruptcy Filing Prevents Expiration of Judgment Creditor's ORAP Lien

Judgment creditors can use a variety of procedures when seeking to enforce a civil money judgment. One important procedure is obtaining an Order for Appearance and Examination of the Judgment Debtor (“ORAP”). The ORAP...more

Health Care E-Note - March 2016

On February 12, 2016, the Department of Health and Human Services’ Center for Medicare & Medicaid Services ("CMS") published its final rule. The final rule clarifies two key sections of the often described 60-Day Overpayment...more

The Intersection of Bankruptcy and Health Savings Accounts: Are HSA Accounts Exempt From Bankruptcy Estate?

In 2003, Congress passed the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (the "Act"). The Act authorized states to create health savings accounts ("HSAs") with tax-preferred treatment to encourage...more

U.S. Magistrate Judge Recommends Finding for Insurer Due to No Final Judgment Against its Bankrupt Insured

On February 29, 2016, a Texas Magistrate Judge recommended that the District Court for the Southern District of Texas grant summary judgment in favor of an insurer faced with a $63 million bid for coverage (Kipp Flores...more

Yahoo refuses to comply with bankruptcy judge’s order to turn over email account

Yahoo is objecting to a Delaware bankruptcy’s order to provide access to one of its email accounts arguing that its compliance would violate the Stored Communications Act. At issue is a Yahoo email account purported to be...more

50 Cent Breaks the Golden Rule of Social Media Posting

“Be careful what you post.” This may be the most obvious of social media commandments. Yet, it’s also true that it’s difficult to control the degree of public access to photos and messages posted on a social media platform,...more

Does Bankruptcy Affect Support Obligations?

Support issues are difficult enough when the parties are solvent, but what happens when one of the spouses goes through bankruptcy? Can support obligations be discharged? And on the other side, can the receiving spouse still...more

When One Spouse Files for Bankruptcy, But Not the Other

When a Chapter 7, 11, or 13 case is filed, a new entity is created called the bankruptcy estate. A bankruptcy estate is comprised of all of the debtor’s non-exempt legal or equitable interests in property as of the time of...more

The Lesson of In Re: Nealon – Homestead Is a Protection Worth Maximizing

Every Massachusetts homeowner should be aware of the opportunities that are available for protecting the equity in the family home. A recent bankruptcy case, In re: Nealon, reminds us of one such opportunity – the...more

Appellate Court Severely Undercuts Chapter 11's Usefulness For Individual Debtors

In an important decision, the Ninth Circuit Court of Appeal has settled a disputed question among California and other western bankruptcy judges to the advantage of lenders and other creditors. The court held that the...more

The Ultimate Arizona Bankruptcy Guide – Pt. 4 – Beginning the Court Process

In most consumer bankruptcy cases most of the heavy lifting when it comes to the work involved is done prior to the actual filing of your bankruptcy documents with the bankruptcy court. Now that everything is ready to it is...more

The Ultimate Arizona Bankruptcy Guide – Pt. 3 – Getting the Process Started

After a determination is made whether a chapter 7 bankruptcy or a chapter 13 bankruptcy would be better suited to solving your debt situation, it is time to get the ball rolling and start the process. You should be...more

West Coast Real Estate Update: Feb. 2016 #1

Residential Communities: Proposed Amendment to Allow Owners' Attorneys at Association Board Meetings - In an attempt to further broaden when a member of a common interest development association can bring his or her...more

2nd Circuit Rules Bankruptcy Code Does Not Preclude FDCPA Suit in District Court

In Garfield v. Ocwen Loan Servicing, LLC, 15-527 (2d Cir. Jan. 4, 2016), the Second Circuit Court of Appeals examined whether a debtor who has been discharged in a bankruptcy can sue in a district court under the Fair Debt...more

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