Consumer Bankruptcy

This article explains the new consumer bankruptcy protections found in the Consolidated Appropriations Act that were effective December 27, 2020: the availability of a chapter 13 discharge despite missed payments, protection of stimulus payments from the bankruptcy trustee, no discrimination of debtors in bankruptcy from CARES Act protections, continued utility service without a deposit, and more.

New March 27, 2021, bankruptcy legislation now extends the sunset dates of the three CARES Act bankruptcy provisions. This article explains the new law and then provides a “cheat sheet” listing all ten of the COVID-19 related bankruptcy provisions by sunset date, with links to more detail for each provision and also Public Law and U.S. Code citations.

The Supreme Court on June 1 has just held in Bank of America, N. A. v. Caulkett that a wholly underwater mortgage cannot be stripped off and voided using Bankruptcy Code § 506(d) in a chapter 7 bankruptcy case. The decision should have little impact on consumer bankruptcy cases, since most courts (except those in the Eleventh Circuit) had previously held that mortgage strip off in chapter 7 was...

A new January Supreme Court decision affects the automatic stay a consumer receives upon filing bankruptcy. As discussed in this article, creditors now must file any appeal to a denial of stay relief within fourteen days. In other bankruptcy news, a new option for chapter 11 small business and individual filers became effective February 20.

All bankruptcy forms required to institute a case have significantly changed, for cases filed starting December 1. This article provides online links to step-by-step advice from one of the nation’s experts on how to complete the new forms.

Effective April 1, consumers filing bankruptcy will be able to exempt more of their equity in their homes, cars, household goods, and even retirement accounts. This article describes all the bankruptcy dollar amount changes going into effect April 1.

This article examines new bankruptcy rule amendments, effective December 1, that significantly alter chapter 13 practice. The new rules affect the form of the chapter 13 plan, procedures for valuing and voiding liens, filing deadlines for creditor proofs of claim, objections to proofs of claims, and objections to plan confirmation.

This article examines the FDCPA implications of the Supreme Court’s May 15 decision in Midland Funding LLC v. Johnson that a collector filing a bankruptcy proof of claim on a time-barred debt is not an FDCPA violation.

This article reviews four amendments to the bankruptcy rules, a number of changes to the bankruptcy forms, and filing fee and other fee increases that all take effect on December 1, 2020. One of the rule changes has the potential for cost savings for debtors and their attorneys in chapter 13 cases. Also of note, filing fees for chapter 7 and 13 cases are increasing modestly.

This article describes important new legislation providing added protections for veterans, servicemembers, and their dependents in bankruptcy cases. It also analyzes new bankruptcy rules, effective December 1, 2019, and a must-read Fifth Circuit decision on the ability to discharge private student loans.