The Bankruptcy Code’s Disservice to Those Who Served
Editor’s Note: The following article, “The Bankruptcy Code’s Disservice to Those Who Served” won the prize for third place in the 11th Annual ABI Bankruptcy Law Student Writing Competition. Mr. Jonathan S. Glover is a third year student at Stetson University College Of Law in Gulfport, Florida. Thank you to Jenner & Block for sponsoring this prize.
"Most disturbing, Debtor's original attorneys…do not even now recognize that they put Debtor into a chapter 13 case when she qualified for a chapter 7 discharge. The lawyers…failed to recognize the rights of an active duty military person in bankruptcy". 1
I. Introduction
The Road Paved with Good Intentions: Tension Between the Equal-Monthly-Payments Requirement of § 1325(a)(5) and Debtors’ Attorneys Paid First in Chapter 13
A split among courts continues to persist with respect to the statutory interpretation of 11 U.S.C. § 1325(a)(5)’s equal-monthly-payment provision and the prioritization of payments of the debtor’s attorney’s fees pursuant to 11 U.S.C. § 1326(b)(1). Two recent decisions with differing views on the issue highlight the tension between the “salutary goal” of paying debtor’s attorney’s fees on an expedited basis and the lienholder entitled to adequate protection and equal monthly payments. This article, provided in two parts, will first discuss In re Williams[1] followed by In re Amaya.[2]
The 90-Minute Tour that Never Ends: How to Address the Problems and Pitfalls Presented by Timeshares in Chapters 7 and 13
It often comes as an unwelcome surprise when debtors discover that they cannot force a creditor to take something back that the debtors no longer want, no longer use and no longer intend to pay for. This is especially frustrating when retaining ownership of the property comes with ongoing financial obligations that the debtors expected to be relieved of as part of their bankruptcy. If there is a lien on the undesired property, the debtors can indicate their intention to surrender the property to the lienholder.
Consumer Bankruptcy December 2018
Consumer Bankruptcy December 2018
Star-Cross’d: The Tragedy of Chapter 13 and the Modern Student Loan Debtor
Student loan debt is (mostly) presumed nondischargeable under § 523(a)(8).[1] Hardship discharge of such debt has become a vanishingly probable outcome. And yet, while educational costs soar along with the accompanying debt, the chapter 13 debt limits under § 109 chug along at the rate of growth reflective of the Consumer Price Index[2] without distinction for the nature of the unsecured debt or its potential dischargeability.
Consumer Committee: 2018
Beth Stephens and Richard Cole, co-chairs of the ABI Consumer Committee this year, thank all committee members for their support and participation in 2018. The Consumer Committee has a diverse membership. It includes practitioners who represent debtors in chapter 7 and 13 cases, practitioners who represent creditors in chapter 7 and 13 cases, trustees, and even judges and academics. Whichever aspect of consumer bankruptcy interests you, we welcome your contribution. We are always seeking articles and seminar and webinar ideas. Our committee leadership has continued the tradition of monthly conference calls, which allows up to keep in touch and up to date.
The Consumer Committee has a number of subcommittees that are vital to the success of the committee throughout the year. Information about our subcommittees and our committee leadership is listed below.
Willful Tax Evasion and a Tale of Two Spouses
The Bankruptcy Code contemplates the filing of a joint petition to commence a bankruptcy case for a married couple under § 302(a). Such spouses enjoy the benefit of a single filing fee[1] and the convenience and cost savings of the joint administration of their case for everything from using a single docket for the two estates, compiling the filed claims against both estates and the combining of notices to each of their creditors.[2]
Consumer Bankruptcy August 2018
Consumer Bankruptcy August 2018
Consumer Bankruptcy May 2018
Consumer Bankruptcy May 2018