Consumer Bankruptcy

Debtor's Counsel Cannot Refuse Representation in Special Matter

Recently, the U.S. Bankruptcy Court for the Western District of New York, in a combined treatment of two chapter 7 cases involving the same trustee and debtor's attorney, penalized the attorney for delaying the cases and failing to comply with the  supplemental reporting requirements of Fed. R. Bankr. P.

Fifth Circuit Affirms the Power of the Bankruptcy Court to Render Monetary Judgment

The Fifth Circuit recently affirmed a district court decision that had affirmed a bankruptcy court's decision to adjudge a debt nondischargeable pursuant to 11 U.S.C.

On Gunslingers, Presumptions and Burdens of Proof

There have been an increasing number of cases dealing with objections to assigned credit card debt. These cases are a bit like a showdown between gunfighters with bad aim; there is a lot of shooting, but no one hits anything.

Case Update: Whether a Claimed Expense Qualifies as an Adjustment to the Means Test Expenses Due to "Special Circumstances"

The Bankruptcy Code specifically provides for adjustments of current monthly income or expenses due to "special circumstances," but in order to qualify, there must be "no reasonable alternative." The Code sets forth a test, placing the burden of proof on the debtor to determine if a requested adjustment qualifies as a special circumstance: "In order to est

Collier Consumer Bankruptcy Summary Febuary 2009

This legacy article may contain broken links. For the latest from ABI, visit https://www.abi.org/membership/committees/consumer-bankruptcy

Mortgage Lienstripping Bill Advances in the House

The House Judiciary Committee approved an amendment in the nature of a substitute for H.R.

Dealing with Automobile Leases Post-BAPCPA

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) added a new provision regarding personal property leases, §365(p), which provides:

Case Law Update: Is Income of a Nonfiling Spouse Includable in a Debtor’s CMI?

Bankruptcy courts addressing the issue have reached a consensus regarding the extent to which a nonfiling spouse’s income should be included in the calculation of current monthly income.

Case Law Update: Is Income of a Nonfiling Spouse Includable in a Debtor’s CMI?

Bankruptcy courts addressing the issue have reached a consensus regarding the extent to which a nonfiling spouse’s income should be included in the calculation of current monthly income.

Hanging Paragraph Update

One of the myriad changes made to bankruptcy practice by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) is the treatment of a claim for a debt collateralized by a motor vehicle or other personal property of the debtor.  More specifically, new language inserted by BAPCPA at the end of 11 U.S.C.

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