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When an irate creditor comes to bankruptcy court in a chapter 7, 12 or 11 case in which an individual debtor is holding a check issued by the debtor that was dishonored by the debtor’s bank, she often expects a quick and easy finding that the debt is not dischargeable.
An issue receiving much recent attention in the courts and among commentators is the nature and extent of the documentation required to be attached to proofs of unsecured claims based on credit card debt. Several courts have recently considered the issue in decisions reflecting mixed results.
In re Maronde, 332 B.R. 593 (Bankr. D. Minn. 2005), (N. Dreher), is a recent decision that interprets and discusses new §522(o) of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA).
A chapter 7 debtor seeking to retain personal property secured by a lien has several options available, one of which is redeeming the property from the lien pursuant to §722 of the Bankruptcy Code.
The Supreme Court held that the discharge of a student loan debt, as an exercise of the bankruptcy court’s in rem jurisdiction, does not infringe the state’s sovereign immunity. The court did not address the underlying issue as to abrogation of the state's sovereign immunity from private suits under §106(a) of the Bankruptcy Code.
Compensation of debtor's counsel in consumer cases was the focus of the Consumer Committee meeting held on April 16, 2004, at the Annual Spring Meeting in Washington, D.C., and attended by approximately 50 members. The program featured a panel discussion led by the Honorable Jennie Latta of the Western District of Tennessee, Diane Livingstone, an Assistant United States Trustee from Region 7 and Marjorie Payne Britt, a bankruptcy practitioner in Houston, Texas.
