All the Devils Are Here, Part 1

By Grant Mullin, Third Year Law Student, Creighton University School of Law

In many respects, the reasons for the financial crisis remain a mystery to most people, including bankruptcy practitioners. Bethany McLean and Joe Nocera’s book All the Devil’s are Here: The Hidden History of the Financial Crisis attempts to chronicle a history of the financial crises, the organizations that were involved, and the men behind those organizations. The book pieces together each thread that wove itself into the ultimate crisis that occurred in 2008. The book does not purport to teach . . .

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Substantial Contribution Claims

June 9, 2019

By Nicholas Miller, Third-Year Student, University of Texas School of Law, and Madison Haueisen, Second-Year Student, University of Texas School of Law The second issue at hand in this year’s Duberstein moot court problem involves a matter of statutory interpretation—specifically, whether §503(b) of the Bankruptcy Code allows a creditor to recover costs and expenses incurred in making a substantial contribution...

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Is a CARES Act Stimulus Payment Exempt?

April 26, 2020

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction Since April 1, 2020, many unemployed people in the United States have begun to receive "a recovery benefit" in the amount of $1,200.1 These payments, under the CARES Act2 stimulus program, were intended to provide some relief to suffering Americans. However, the most financially distressed Americans, perhaps with existing,...

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More Federal Student Loan Debt Relief is Coming

Scott Waterman

March 24, 2024

An ordinary title for a very NON-ordinary article! A computer program which will accurately predict whether a borrower will default and relief extended based on the data. WHAAAT???

A Fond Farewell

Marie-Ann Greenberg

August 20, 2023

Wishing our dear friend and colleague, Isabel Balboa, a hearty congratulations on her upcoming retirement. As many of you know, Isabel came to the United States from Cuba at the age of 6 with her mother and sisters. Upon leaving Cuba, they were forced to leave everything behind for fear that they would be caught and detained. Her father was...

Some Basics You Always Wanted to Know About the FCRA But Were Too Embarrassed to Ask

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By Herb Beskin, Chapter 13 Trustee and Edward M. Wayland, Esq. (Charlottesville, VA) Trustees are not privy to the struggles of Debtors as they emerge from Chapter 13 and work to re-establish (establish?) their credit worthiness. A crucial factor in this process is the Debtor’s credit report. In this article, we discuss the Fair Credit Reporting Act (“FCRA”), the rules...

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Rebecca Rogers Garcia

February 10, 2019

Rebecca Rogers Garcia was a staff attorney for Mary B. Grossman, the Chapter 13 Trustee in Milwaukee from 2002 until November 2014. Prior to her employment with the Chapter 13 Trustee; she represented debtors in consumer cases. Ms. Garcia is on the board of the Bankruptcy, Insolvency and Creditors Rights Section of the State Bar of Wisconsin and a member...

Critical Case Comment

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By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN) Chapter 13 debtor may exclude from disposable income amounts projected to be paid to an employer sponsored 401(k) where such payments are consistent with pre-filing contributions made to the retirement account. Davis v. Helbling, 2020 WL 2831172 (6th Cir. June 1, 2020) (Larsen) Case Summary In 2017, Camille Davis filed...

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Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part IV

October 4, 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART IV – INTRODUCTION TO CONSUMER FORECLOSURE PROCEDURES 2020 portends a flood of bankruptcy filings. In the consumer bankruptcies, trustees and debtors' counsel often are uncomfortable with the rules in Article 9 of the Uniform Commercial Code (UCC). In this space, we have looked at topics involving the interplay of...

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The Uneasy Co-Existence of Federal and State Consumer Remedies in Bankruptcy Cases – the Fourth Circuit Weighs In

Mark C. Leffler

October 15, 2023

“Why do I need the FDCPA if there’s already a remedy under Rule 3001?” This is what the bankruptcy judge asked me when I brought an adversary proceeding against a claims buyer, alleging potential class claims under both the Fair Debt Collection Practices Act (“FDCPA”) and Bankruptcy Rule 3001(c)(2). The defendant had a business practice of filing high volumes of...

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Finding Your Village: An Introductory Guide to Bringing Fair Credit Reporting Act Claims for Clients Post-Bankruptcy

Emily Connor Kennedy

July 24, 2022

I hope that you’ve enjoyed the articles from Mark Leffler and Steve Relyea discussing how our firm began litigating against creditors in bankruptcy court and mortgage servicers in federal district court. In this (final) installment, I will discuss our entry into Fair Credit Reporting Act litigation. Our firm’s history with Fair Credit Reporting Act litigation is intertwined with the relationships...

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