A recorded session from an ABI consumer conference that covers a variety of escrow and mortgage-related issues.

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How the Great Recession Continues to Affect Debtors' Homes
The meaning of a debtor's election to "surrender" his or her residence in a chapter 7 case.
The Myth of the "Efficient Market": Restructuring Real Estate Mortgages
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.

Current State of Consumer Bankruptcy Law, Most Litigated Consumer Issues
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.

Pittner v. Castle Peak 2011-1 Loan Trust
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.

Reinbold v. Thorpe (In re Thorpe)
Under the Illinois law, each spouse is vested with independent contingent interests in marital property when the divorce petition is filed.

BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
‘Stay and pay’ may not be permissible, but the remedies can be toothless.

Time Is on Your Side: Timing Considerations in Application of 11 U.S.C. § 1322(b)(2)
Bifurcation in a Chapter 13 plan after In re Coyle.

Dubious Opinion Says Automatic Stay Inapplicable to Setoff Against Exempt Property
District judge refuses to give automatic stay protection to a tax evader.

Bill Rochelle with John Rao of the National Consumer Law Center
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.

A Way to a Stay That Can Pay
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.

The Southern District of Ohio Looks to Florida’s Example on Mortgage Modification Mediation
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.


American Bankruptcy Institute