Courts Continue to Fill in the Gaps on the Interplay of Bankruptcy and the FDCPA

By Chris Hawkins, Bradley Arant Boult Cummings LLP (Birmingham, AL)

The Consumer Financial Protection Bureau (CFPB) published its debt collection final rule in the Federal Register on November 30, 2020, revamping the Fair Debt Collection Practices Act (FDCPA) for the first time since its enactment in 1977. Despite written comments submitted by several industry groups requesting clarity in areas where the FDCPA conflicts with the Bankruptcy Code, the CFPB largely declined to address bankruptcy issues. As a result, the burden will remain on practitioners and the courts . . .

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From the Supreme Court

The Academy

June 18, 2023

Lac Du Flambeau Band of Lake Superior Chippewa Indians et al. v. Coughlin Supreme Court rules in favor of borrower of tribal loan –Chapter 13 stay applies. Justices reject tribal immunity from bankruptcy stay.

ABI Commission on Consumer Bankruptcy – Dischargeability of Homeowner Association Fees

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Homeowner association fees that obligate homeowners of condominium and planned unit developments can be a substantial obligation that accrue on a monthly basis. These obligations are generally a burden when a debtor files for bankruptcy relief. To be fair, homeowners’ associations provide a significant benefit to homeowners. Exterior maintenance,...

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In re Fulton: Seventh Circuit Affirms Its Position with Majority of Circuits on Passive Retention of Property as Violation of Sections 362 and 542

June 30, 2019

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction In In re Fulton,1 the Seventh Circuit has restated its position on passive violation of the automatic stay, holding that failure by the City of Chicago to turn over impounded vehicles after the owners' bankruptcy filings violated Bankruptcy Code sections 362 and 542. Fulton – Background and Ruling The...

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Chapter 13 Trustee Duties, Powers, and Limitations

October 4, 2020

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama Who appoints the standing chapter 13 trustee? The United States Trustee appoints the standing chapter 13 trustee for each judicial district where the UST system is in place, while the court appoints the standing chapter 13 trustee under the Bankruptcy Administrator program. See 11 U.S.C. § 1302...

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Critical Case Comment– Reverse Mortgage May be Modified

Henry E. Hildebrand, III

May 22, 2022

A reverse mortgage, having fallen due as a result of the death of the borrower, is not protected from modification by the borrower’s heirs by virtue of § 1322(c)(2). (Halfenger) In re Sandoval, 2022 WL 982182 (Bankr. E.D. Wis. March 31, 2022) Case Summary Juan Sandoval filed Chapter 13 and proposed a plan which dealt with his principal asset, a...

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Small Business Reorganization Act

September 29, 2019

By The Honorable Hannah Blumenstiel Yes, MORE on SBRA. We realize that to attorneys February of 2020 seems a LONG way away but it really isn’t. We are building our library on this important legislation so it is available when YOU are ready for it. In this week’s installation, Judge Blumenstiel, analyzes the legislation. The first two and a half...

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I Feel A Change Coming On (Song by Bob Dylan, 1964)

January 24, 2021

By Merideth Akers, CPA, PHR, Comptroller for Bradford W. Caraway (Birmingham, AL) The Covid-19 pandemic postponed the 2020 Masters Golf Tournament, originally scheduled for early spring. It was eventually held November 12th through 15th. The winner was Dustin Johnson. Additionally, the 2020 Wimbledon Tennis Tournament was cancelled for the first time since 1945 (due to World War II). For the...

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Adjustment of Certain Dollar Amounts

The Academy

February 23, 2025

Changes will be applicable to bankruptcy cases filed on or after April 1, 2025. Click here for a PDF chart of all the changes.

What Does the Bankruptcy Code Say About Interest and Unsecured Debts

Hale Andrew Antico

March 24, 2024

“. . . the law is so clear that of course it's not allowed. However, some courts have twisted themselves into pretzels to create a creditor right to postpetition unmatured interest.” The article explores this not so simple issue by examining relevant sections of the Bankruptcy Code and case law from various circuit courts.

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Keep Calm and Carry On – Observations Regarding CBRA

Henry E. Hildebrand, III

October 9, 2022

First, breathe deep and try to relax. The Antitrust, Commercial and Administrative House Subcommittee of the House Judiciary Committee, with minimal notice, set an oversight hearing for September 29, 2022. The subcommittee is charged to deal with matters relating to bankruptcy. The subject of the hearing was to be the “Oversight of the Bankruptcy Code, Part 2: Ensuring a Fresh...