ABI Executive Director Sam Gerdano talks with Prof. Michael D. Sousa of the University of Denver's Sturm College of Law about his recent analytical look at the stigma of bankruptcy. Sousa published the lead article in the Summer 2018 edition of the ABI Law Review, “The Persistence of Bankruptcy Stigma,” which presented his findings that the stigma surrounding personal bankruptcy has actually increased, not decreased, over time.
New ABI President Alane Becket talks with ABI Editor-at-Large Bill Rochelle about the Consumer Commission's...
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A chapter 13 plan that improperly modifies a home mortgage remains binding unless the lender has objected to confirmation.
Hearing on Oversight of Bankruptcy Law and Legislative Proposals.
New ABI President Alane Becket talks with ABI Editor-at-Large Bill Rochelle about the Consumer Commission's Final Report, domestic abuse and bankruptcy and more.
Once a landlord files for bankruptcy protection, what options will the trustee have in dealing with their remaining tenants?
"If the trustee rejects an unexpired lease, then the lessee may retain its appurtenant possessory rights in the property for the balance of the lease term."
"The bankruptcy court in Felgner identified 10 factors from Murphy that are relevant in determining domicile: [...]"
All foreclosure sales in Georgia are held on the first Tuesday of each month. As foreclosure sales are final in Georgia, debtors are incentivized to file a chapter 13 to stop a foreclosure sale.
With the rise of retail bankruptcies, loss of rental income and anticipated increase in the national interest rate, the need for bankruptcy in the commercial real estate sector might increase.
Who's part of this year's class of honorees?
The meaning of a debtor's election to "surrender" his or her residence in a chapter 7 case.
ABI Deputy Executive Director Amy Quackenboss talks with David Cox of Cox Law Group and Elizabeth Gunn of the Office of the Virginia Attorney General about their new consumer book.
Secured creditor was not in contempt of confirmation order and confirmed chapter 11 plan where the plan and order imposed no duty or requirement that the secured creditor could have violated.
Under the Illinois law, each spouse is vested with independent contingent interests in marital property when the divorce petition is filed.
‘Stay and pay’ may not be permissible, but the remedies can be toothless.
Bifurcation in a Chapter 13 plan after In re Coyle.
District judge refuses to give automatic stay protection to a tax evader.
ABI's Bill Rochelle talks with John Rao of the National Consumer Law Center about his role as a member of ABI's recently formed Commission on Consumer Bankruptcy.
Real estate debtor principals who guaranty a debtor’s debts often face uphill battles to obtain stays pursuant to § 105 of the Bankruptcy Court of guaranty actions against them by secured creditors.
A recorded session from an ABI consumer conference that covers a variety of escrow and mortgage-related issues.
State foreclosure processes are notoriously messy. They can drag on for a years and debtors don’t always recoup their loan balance or legal fees.