2005

"Home foreclosure" is the phrase probably most feared by homeowners in financial distress. Repossessed cars can be explained away as sold, totaled or loaned. Repossessed appliances discreetly disappear, spirited quickly away by a couple of burly men. However, there is

The Senate Permanent Subcommittee on Investigations, following up on prior hearings and recommendations, has released a bipartisan report critical of credit counseling industry practices. The report also calls for a number of reforms. "Over the past several years, the

In October 1991, the fishing boat Andrea Gail and her six-man crew were headed to the fertile fishing grounds of the North Atlantic seeking the "big catch." Focused on the catch and the cash, the crew was unaware that three different storms were converging into one. The

Creditors in the consumer credit industry face many challenges in managing rising bankruptcy filings. Five components are critical to managing creditor rights recoveries: (1) operational procedures to minimize expenses, (2) a sound management plan, (3) staff training,

Congress moved quickly to enact legislation authorizing federal courts, including bankruptcy courts, to hold court sessions outside their usual places of business. The law is called the Federal Judiciary Emergency Special Sessions Act of 2005, Public Law 109-63. It

The Tenth Circuit Bankruptcy Appellate Panel's (BAP) recent decision in In re Mersmann, 318 B.R. 537 (10th BAP 2004), underscores the continuing tension between chapter 13 plan provisions discharging student loans, and implies that such discharge provisions are contrary

Last month, we looked at the history of Rousey v. Jacoway and began to consider the arguments of the debtors, the trustee and the amicus in light of the Third Circuit's decision in Clark v. O'Neill ( In re Clark), 711 F.2d 21 (3d Cir. 1983). 1 The trustee did not press