Members in the News
ABI's Consumer Bankruptcy Committee is co-chaired by Hon. Dennis R. Dow, Hon. Thomas F. Waldron, Dennis J. LeVine and Thomas J. Yerbich. Judge Dow was appointed a Bankruptcy Judge for the Western District of Missouri Circuit Court of Appeals on Nov. 10, 2003. Prior to
No SIR Insurer Cant Avoid Payment if Insured Files for Bankruptcy
Self-insured retentions (SIRs) and deductibles serve the same purpose, allotting a portion of the risk to the insured. The method chosen has a distinct impact on the insurer's obligations and also impacts determining creditor status when an insured files for bankruptcy
Consumer Debt Collection FDCPA Traps for the Unwary Nationwide Lender Loan Servicer Debt Collector Part II
State Debt Collection Laws The federal Fair Debt Collection Practices Act (FDCPA) applies to debt-collection practices throughout the nation, even those that are purely intrastate in nature, and thus it essentially is a "uniform" law in every state. However, state laws
Legislative Update S. 256 Summary of Changes Affecting Individual Bankruptcy Cases
This month's Update contains excerpts from a synopsis of S. 256, prepared by Thomas J. Yerbich, vice chair of ABI's Consumer Bankruptcy Committee. The excerpt covers changes made to chapters 7, 11 and 13, debtor's duties, exemptions, exclusions, claims, nondischargeable
Make a Difference Volunteer for Ch. 7 Pro Bono Cases
It often comes as a surprise to first-year lawyers, but there is not "justice for all" in the American legal system: There is justice for those who can afford counsel, and for those fortunate enough to qualify for a legal services or pro bono lawyer. Even if an
What Is a Briefing and Will It Reduce Filings
In order for an individual to be a debtor under BAPCPA, he or she must first comply with the credit counseling provisions of §109(h). Under this new provision, a debtor is required to receive an individual or group briefing from an approved nonprofit budget and credit
Legislative Update Finding a Loophole in the Means Test without Collusion Will Chapter 7 Involuntaries Be on the Rise
This month's Update continues the series of articles examining BAPCPA in detail. A centerpiece of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) is the means test, set forth in revised §707(b) 1 of the Code. 2 Although the mathematical
The Ties that Bind Chapter 13 Confirmation Orders
The provisions of 11 U.S.C. §1327(a) clearly state: The provisions of a confirmed plan bind the debtor and each creditor, whether or not the claim of such creditor is provided for by the plan, and whether or not such creditor has objected to, has accepted, or has
Good Faith in Chapter 13Going Once Going Twice
The "good faith" of a chapter 13 debtor will now be subject to examination at two different instances in the confirmation process. 11 U.S.C. §1325 (a)(3) requires that the court find that "the plan has been proposed in good faith and not by any means forbidden by law."
A Panel Trustees Ability to Uncover Potential Debtor Abuse Bankruptcy Law Meets the Fourth Amendment
In his remarks preceding the signing of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), President Bush asserted a need to restore "integrity to the bankruptcy process" by noting that "[i]n recent years, too many people have abused the