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The ABI Consumer Committee has had a wonderful, busy year; our Leadership members have been hard at work. Caralyce Lassner and Margaret A. Burks serve as Co-Chairs.
Upon the filing of a bankruptcy petition, the automatic stay prohibits creditors from taking any action to collect against debtors or property of the estate during the pendency of the bankruptcy case.[1] Although in certain instances the automatic stay shields honest debtors by
The summer of 2014 brought two interesting decisions from appellate courts that impact the treatment of secured mortgages in chapter 13 plans: In re Pajian[1] and In re Matteson.[2] As the ability to cure mortgage arrears is a unique aspect of chapter 13, these cases highlight important issues in chapter 13 practice.
Recently, the U.S. Court of Appeals for the Eleventh Circuit affirmed the dismissal by the U.S. District Court for the Northern District of Georgia of a debtor’s suit against Capital One Bank alleging a violation of the Fair Debt Collection Practices Act (FDCPA) for
By now, we are all aware of the student debt crisis this country and the lack of relief available through bankruptcy. Borrowers have an uphill battle when it comes to meeting the undue-hardship test and qualifying for a discharge of their student loans. While the government has addressed the problem through Income Based Repayment Plans for government loans, private student loans remain an extreme economic burden for millions of people.
