I’m So Much Cooler Online: Using Social Media In Bankruptcy

By Katherine Iskin, Staff Attorney to Debra Miller, Trustee for South Bend and Fort Wayne, IN

The use of social media in litigation is a hot topic – lawyers want to know clear lines for appropriate behavior while maximizing a potentially useful tool. This is true particularly in bankruptcy, with limited time for questioning Debtors at 341 Meetings and deadlines for confirmation of cases. Trustee and creditors alike may want to find additional information about a given debtor without necessarily alerting the debtor to the inquiry or having the information groomed by the debtor’s attorney. Given the potential . . .

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Personal Injury Attorney’s Duty of Reasonable Inquiry of a Client’s Bankruptcy

Michael B. Joseph

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An attorney meets with a potential client about a recent auto accident personal injury claim. The client suffered severe injuries and may be entitled to a large award. The client fails to mention that he is a debtor in an active bankruptcy. The client also has failed to advise his bankruptcy attorney about the personal injury claim. The debtor/client does...

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Diane Cipollone

The Academy

March 6, 2022

Diane Cipollone is an attorney and a qualified expert on mortgage servicing and loan origination matters. While Diane no longer provides expert testimony, she continues to consult with consumer attorneys; trains attorneys, court mediators, housing counselors and fair housing advocates on foreclosure prevention guidelines and federal mortgage regulations; and mentors pro bono attorneys and non-profit housing counselors. She has presented...

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ABI Commission on Consumer Bankruptcy – Remedies for Discharge Violation

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September 13, 2020

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The Honorable William Houston Brown

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Seventh Circuit Agrees with Ninth and Tenth

The Academy

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In Marshall v Johnson, 2004 WL 1953490 (7th Cir. May 3, 2024), the Seventh Circuit agreed with the holdings from the Ninth and Tenth Circuits, In re Doll, 57 F.4th 1129 (10th Cir. 2023), and In re Evans, 69 F.4th 1101 (9th Cir. 2023). Under these decisions, Chapter 13 trustees may not retain fees when the case is dismissed prior to confirmation.

Fulton’s Aftermath – What Do Chapter 13 Practitioners Need To Know?

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By Nathan E. Curtis and Peter Francis Geraci, Geraci Law L.L.C. Debtors who are not current on mortgage or vehicle payments may file for Chapter 13 relief and propose to cure arrears, and force creditors to accept future payments. Mortgage creditors must give multiple notices before taking real estate away from a debtor, but vehicle creditors are allowed to repossess...

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