Consumer Bankruptcy | ABI

Disclosure of Social Security Number Does Not Give Debtors a Private Right of Action

By: Rebecca Rose
St. John’s Law Student
American Bankruptcy Institute Law Review Staff

Recently, in Matthys v. Green Tree Servicing, LLC (In re Matthys),[1] a bankruptcy court held that a debtor does not have a private right of action against the creditor who listed the debtor’s full social security number on its proof of claim. This holding is consistent with what the majority of courts have held in similar cases.[2] While the joint debtors in Matthys sought relief under various statutes, including Bankruptcy Code sections 105 and 107,[3] the court found that no private right of action existed.

Overpaid Taxes Need Not be Turned Over to the Estate Under Section 542(a)

By: Christopher J. Rubino
St. John’s Law Student
American Bankruptcy Institute Law Review Staff

In Weinman v. Graves (In re Graves)[1], the Tenth Circuit held that section 542(a)[2] does not permit a chapter 7 trustee to force the IRS to turnover overpaid taxes of joint debtors where the debtors elected to apply the overpayment to the next year’s tax liability. In Graves the joint debtors elected to apply their 2006 tax refund to their 2007 tax liability.[3] Two months after filing their tax returns, the debtors filed for bankruptcy.[4] The Tenth Circuit affirmed the bankruptcy court’s refusal to order the IRS to turnover the debtors’ 2006 tax refund under section 542(a).[5]

Lien Stripping: A to Z

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Good Faith: What's Left of It?

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Where the Rubber Meets the Road: Proofs of Claim and Claims Objections

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Assets Wanted: Chapter 7 Trustee Panel

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Debtor Remedies for Creditor Wrongs: RESPA/FDCPA/TILA

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Mortgage Loan Modifications: Proving It's a Win-Win

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Investigating Attorney Fees in Consumer Cases

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The Latest and Greatest: Supreme Court and Lower Court Case Law Update

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