Consumer Bankruptcy

CARES Act in Chapter 13

Regarding chapter 13, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) in part allows chapter 13 debtors experiencing a material financial hardship as a result of the COVID-19 pandemic to modify the length of their bankruptcy plan to a maximum of 84 months [1], up to an additional 24 months if the plan was initially set at 60 months, or up to 48 months for those debtors in previously confirmed 36-month plans.

Consumer Bankruptcy - December 2020

Consumer Bankruptcy September 2020

Consumer Bankruptcy April 2020

Consumer Bankruptcy March 2020

Fresh Start, Not False Start: How New Bankruptcy Student Loan Programs Are Tackling Student Loan Debt

This webinar will discuss how new Bankruptcy Student Loan Management Programs are helping debtors solve their student loan issues. The webinar will cover the issues affecting debtors and their student loans as well as the solutions and tools the courts are implementing.

Consumer Bankruptcy August 2019

"The Intersection of Bankruptcy and the FDCPA: the CFPB’s Notice of Proposed Rulemaking "

On July 30, 2019, the leadership of the Consumer Bankruptcy Committee presented the free webinar “The Intersection of Bankruptcy and the FDCPA: the CFPB’s Notice of Proposed Rulemaking.” The expert panel included Committee Co-Chair Jon Lieberman (Sottile & Barile LLC; Loveland, Ohio), Chris Hawkins (The Bradley Firm; Birmingham, Alabama), and Keith Larson (Seiller Waterman LLC; Louisville, Kentucky.) The Consumer Financial Protection Bureau’s (CFPB) efforts to update the Fair Debt Collections Practices

Regulation F Looks to Provide Clarity to the FDCPA, but What About Bankruptcy?

On May 7, 2019, the Consumer Financial Protection Bureau (CFPB or Bureau) issued its long-awaited Notice of Proposed Rulemaking (NPR) for debt collection. These proposals precede a final rule that will be known as Regulation F and will be the first rules issued under the tenure of Director Kathleen Kraninger. The NPR was published in the Federal Register on May 19, 2019.[1]

Litigation in the Bankruptcy Courts: Federal Practice Regarding Privilege and Expert Discovery

Whether it’s a client in financial difficulty or a client pursuing the collection of assets or debts owed, insolvency issues play a prominent role for federal practitioners with commercial and general litigation practices. However, the relatively small size and collegial nature of the bankruptcy bar in many jurisdictions — coupled with the need to move quickly when handling disputes in bankruptcy to preserve value — sometimes lead to relatively informal discovery practices in bankruptcy court.