Consumer Bankruptcy

The Effect of Law v. Siegel on Claims of Exemption

Theoretically, an individual bankruptcy debtor may amend property claimed as exempt on his or her Schedule C at any time until the close of the bankruptcy proceeding.[1] The debtor must give notice of the amendment to the trustee and to “any entity affected thereby,” which is usually all creditors.[2] Under 11 U.S.C. § 522(l), a party in interest may object to the debtor’s list of exempt property:

It’s a Commission: Chapter 7 Trustee Fees

[1]Since the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), bankruptcy courts have struggled with how to follow certain provisions of the Bankruptcy Code directing the compensation of chapter 7 bankruptcy trustees.[2] On Jan. 12, 2015, the U.S.

The Risky Business Side of Bankruptcy Lawyering: ABI Chapter 11 Reform Commission Recommends Reform Regarding Professional Retention and Compensation

Following a nearly-three-year study, on Dec. 8, 2014, the ABI Commission to Study the Reform of Chapter 11 published a 400-page report containing recommendation and principles for policymakers. This article focuses on chapter 11 reform relating to professional retention and compensation.

"The Effect of a Discharge Injunction on Unpaid Child Support: To Pay, or Not to Pay: That Is the Question"

Editor's Note: David Morris is the senior deputy prosecuting attorney for the Marion County Prosecutor’s Office Child Support Division and an adjunct professor at the Indiana University Robert H. McKinney School of Law.

An Interview with Judge Sheri Bluebond

Hon. Sheri Bluebond sits as chief judge on the U.S. Bankruptcy Court, Central District of California. She is a dynamic figure at most bar events and is revered by colleagues, attorneys and trustees. For example, she recently presented an award at the home of James T. King, a beloved leader of the bankruptcy community, who became bedridden while battling cancer.

Chapter 7 Attorneys’ Fees: Protecting Debtors While Ensuring Attorneys Get Paid

Most debtors that are contemplating chapter 7 are on the brink of economic disaster. They have creditors harassing them, calling them nonstop, garnishing wages and income tax returns, and seizing their vehicles to satisfy judgments. These hardworking individuals simply do not have the extra funds to pay a bankruptcy attorney up front in full to file a bankruptcy case to stop the creditors.

Necessity of a Change in Circumstances for Post-Confirmation Modification of Chapter 13 Plan

A single bankruptcy court may handle hundreds of chapter 13 cases filed each week, and their orderly disposition depends on the finality of confirmed plans.[1] Nevertheless, Congress was aware that chapter 13 debtors frequently encounter turmoil and, less frequently, windfalls in their financial circumstances, rendering modifications of confirmed plans appropriate.

The Battle Between the BAPCPA Exemptions to the Automatic Stay and the Binding Effect of a Confirmed Chapter 13 Plan

Editor's Note: David Morris is the Senior Deputy Prosecuting Attorney for the Marion County Prosecutor’s Office Child Support Division and an adjunct professor at Indiana University’s Robert H. McKinney School of Law.

Official Form Chapter 13 Plan Draft Published for Comment

Proposed revisions to the Federal Rules of Bankruptcy Procedure and Official Forms are now published for comment. The proposed revisions affect Rules 2002, 3002, 3007, 3012, 4003, 5009, 7001 and 9009.  Most of the changes affect practice in chapter 13 cases. 

“Bad Actors” and the Automatic Stay

Clients can’t all be sweet little grandmas on Social Security. Sooner or later, every consumer lawyer will end up running into the occasional “bad actor”: someone hoping to dodge criminal fines, restitution or benefits overpayment. Someone who has done something a little sketchy.

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