Some Federal Protections are Stronger Than Others – Sovereign Immunity, Criminal Restitution, and the Automatic Stay

In this brief synopsis, Fraser compares Lac du Flambeauto a case from the Middle District Court of North Carolina and its connection to the automatic stay.

Unlock This Article

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

Please sign in to continue reading this content.
Jeffrey-Fraser
Partner, Bankruptcy

Jeffrey S. Fraser is the partner over the firm’s national bankruptcy department. In such role, Jeffrey works closely with each state’s managing attorneys as it relates to training, legal strategy, and all facets of the firm’s bankruptcy practice.

Jeffrey is an active participant in the Southern District of Florida’s bankruptcy bar and was the 2019/2020 Chair of the Local Rule Committee and an inaugural member the district’s Lawyer Advisory Committee (LAC), serving as the committee’s Chair in 2020 and 2021. Jeffrey was also born in Jamaica and is a past president of the Jamaican-American Bar Association.

In recognition of his efforts, Jeffrey was selected by Super Lawyers as one of its “Florida Rising Stars” for 2019, 2020, 2021 and 2022. In addition, Jeffrey was named a 2017 Blackshear Fellow by the National Conference of Bankruptcy Judges (NCBJ), a 2020 American Bankruptcy Institute (ABI) 40 Under 40 honoree, and has published articles on consumer bankruptcy issues in the American Legal & Finance Network (ALFN) and Default Servicing (DS) News. Jeffrey has achieved the highest rating in both legal and ethical ability by Martindale-Hubbell and prides himself on practicing with humility, integrity, and appreciation.

Education

J.D., University of Miami School of Law, 2010
B.A., University of Miami, 2007

Related Articles

Gardner
November 13, 2022
Question: May a servicer charge to generate a payoff quote? Answer: 1026.36(c)(3) Payoff statements. In connection with a consumer credit transaction secured by a consumer's dwelling, a creditor, assignee or servicer, as applicable, must provide an accurate statement of the total outstanding balance that would be required to pay the consumer's obligation in full as of a specified date. The...
Members
Copy of Hildebrand-2016
August 18, 2024
Failure of a pro se debtor to pay the third installment of filing fees justifies dismissal of the case; debtor’s failure to submit a brief in compliance with Rule 8014 justifies a 180-day bar on refiling.
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
morgenstern-clarren
November 26, 2023
Although this article was originally published in 2009, Judge Morgenstern-Clarren took a fresh look just this week. It is just as relevant today as the day she first wrote it
Members
May 31, 2020
(Reprinted with permission: https://www.dailyjournal.com/) By M. Jonathan Hayes, Resnik Hayes, Moradi LLP (Los Angeles) I met with my best friend Jim King, consumer bankruptcy attorney extraordinaire, during the Thanksgiving break in 2014, several weeks before his untimely death. We met at his office in Glendale to do his oral history. Somewhere in there I told him he could borrow my...
Members
image004
February 9, 2025
“Your marketing is your opportunity to set yourself apart. It’s your chance to show why you’re different — better — than your competitors.”
Members
April 26, 2020
(Items in italics have been added by Academy staff) . . . will be held virtually by ZOOM . . . Please visit our website at ch13pitt.com (this site has very detailed directions) for all of the details and instructions. A computer is not a necessity since ZOOM also allows participation by telephone (iphone, Android). Please visit the website before...
February 9, 2020
By The Honorable John P. Gustafson Can a creditor refuse to do business with a debtor, or is such refusal a violation of the automatic stay? The case of Brown v. Penn State Employees Credit Union, 851 F.2d 81 (3rd Cir. 1988) held that a credit union’s refusal to continue to do business with a debtor who caused a loss...
Members
ahern_larry_regular
November 13, 2022
Introduction This series reviews developments in bankruptcy procedure during 2022. Amendments to 16 rules and new one new rule take effect December 1, 2022, absent Congressional action. Many reflect changes necessitated by the Small Business Reorganization Act of 2019 (SBRA),1 and have been in place in the same or similar form on an interim basis since that legislation took effect.
Members
NalikoMarkel-150x150
October 22, 2023
“ . . . next leap: Generative A.I. learns everything there is to know about you from your public social media presence and crafts phishing attacks unique to YOU.”
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: