How should a secured lender or lessor react when a borrower or lessee files a chapter 7 bankruptcy but continues to make payments? The creditor whose customer "rides through"—making payments and keeping the collateral or leased personalty, …

The choice of chapter by consumer filers cannot be reliably predicted by economic differences among jurisdictions or by legal differences such as the variance in state exemption levels. 2 In order to explain why, for example, chapter 13 cas…

The consumer debt counseling industry is at a crisis point. After avoiding the limelight for 30 years, debt counselors are finally receiving the scrutiny and evaluation that their importance to the public requires. Consumer Reports presente…

Discharge of Unfiled Taxes under BAPCPA: No More "Super" Discharge? The basic concept of a chapter 13 bankruptcy filing historically was to allow individual debtors to reorganize their finances. The policy of giving the debtor a chance to h…

Congress decided that student loans are beneficial, and that the federal taxpayers' money should be used to guarantee their repayment. Congress even set up various programs over the years to allow students to obtain loans directly from the …

Editor's Note: Part I was published in the May 2006 issue of the ABI Journal. Part II examines the legality of a mortgage creditor's attempts at post-closing collection of mortgage-related fees and charges incurred during the pendency of a …

Josefina Fernandez McEvoy, co-founder of Markowitz Fernandez & Uriarte, Los Angeles, has been involved in virtually all facets of bankruptcy law and representing both creditors and debtors. Much of her work has involved complex cases su…