The Composite Consumer Debtor

(Reprinted with permission from the ABI Journal, Vol. XXXI, No. 7, August 2012.)

By Leslie E. Linfield, Institute for Financial Literacy

Do you know this debtor? If so, please call.... I recently gave an interview to a reporter working on an article about personal bankruptcy. She was writing from her own personal experience of having to file, and it was evident that the experience was still fresh. She asked general questions about bankruptcy, as well as about the credit counseling and debtor education requirements.

I answered her questions, which up to that point had . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

Related Articles

Copy of Hildebrand-2016
I never set out to be a bankruptcy lawyer, much less a trustee. It was always my intent to be trial lawyer. The thrill of victory, the agony of defeat, and the captive audience of a jury; having to think fast on your feet was exciting. Facing jurors and witnesses with a modicum of confidence was what my view of...
March 3, 2019
By Carri Hayden Johnson, Staff Attorney to O. Byron Meredith, Chapter 13 Trustee (Savannah, GA) The filing of a bankruptcy petition acts as a stay of certain actions against the debtor or the debtor’s property. The automatic stay is essentially the fundamental reason that a debtor seeks relief in the form of bankruptcy, as it allows the debtor a brief...
Members
July 25, 2021
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Are private educational student loans automatically excepted from discharge by § 523(a)(8). (Jacobs) Homaidan v. Sallie Mae, Inc., Navient Solutions, LLC, 2021 WL 2964217 (2nd Cir. July 15, 2021) Case Summary Hilal Homaidan received a number of educational loans to attend College. Shortly after graduation, he filed a Chapter...
Members
May 17, 2020
By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction As of April 16, 2020, more than 22,000,000 people in the United States were reported to have filed for unemployment aid, "a staggering loss of jobs that has wiped out a decade of employment gains and pushed families to line up at food banks as they await government help."1...
Members
September 19, 2021
By Helen M. Morris, Chapter 13 Standing Trustee for the Northern and Southern Districts of West Virginia Like most trustees, my case load is down, and I’ve been actively encouraging new filings. Perhaps too enthusiastically as certain new cases reflect. A bankruptcy filer who has been dormant for months filed a new case recently. Schedule A is clearly marked with...
Members
ahern_larry_regular
March 26, 2023
Introduction Amendments to 16 rules and new one new rule took effect December 1, 2022. Many reflected changes necessitated by the Small Business Reorganization Act of 2019 (SBRA),1 and had been in place in the same or similar form on an interim basis since that legislation took effect. Part 1 of this series summarized 2022 . . . It looks...
Members
Copy of Hildebrand-2016
March 5, 2023
Mortgage loan servicer violated mortgage agreement with debtor, the automatic stay, the confirmation order and Rule 3002.1 by applying debtor’s post-petition monthly mortgage payments pursuant to the contractual terms of the loan, thereby applying post-petition payments to the debtor’s pre-petition mortgage arrearage. (Cary) In re Pope, 647 B.R. 597 (Bankr. D. N.H. August 15, 2022) Case Summary In November of...
Members
NN Photo
May 1, 2022
The Bankruptcy Code imposes many duties on attorneys. One such duty requires attorneys to disclose compensation for services in contemplation of, or in connection with a bankruptcy case.1 Debtor attorneys know to disclose their fees at the start of the case. Attorneys that forget to timely file a compensation disclosure typically receive a gentle reminder to do so. However, in...
Members
moran_cathy
October 30, 2022
Spending every dollar they make, and then some, is often how our Chapter 13 clients got into financial trouble. Yet Chapter 13, as practiced, validates the practice of continuing to spend 100% of each month’s income during the life of the plan. In doing so, we, as a society, squander the chance to use Chapter 13 to teach new budgeting...
Members
Copy of Hildebrand-2016
January 21, 2024
There is a presumption that the trustee will make disbursements under a confirmed Chapter 13 plan and the debtor bears the burden of demonstrating sufficient grounds to justify acting as her own disbursing agent.
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: