Consumer Corner

Jan 11, 2017

Consolidating Creditor Data in Chapter 13 Cases A Project for Tomorrow Realized Today

The number of claims administered by chapter 13 trustees has increased, leading to more disbursements to more creditors from debtors who are capable of paying more money pursuant to their confirmed plans. This puts a burden on creditors as well as debtors. As a result

Jan 11, 2017

Is the Fragile Middle Class About to Shatter

Last summer, Prof. Robert M. Lawless of the University of Missouri-Columbia published an excellent paper on the relationship between non-business bankruptcy filings and consumer debt load, including mortgages, titled The Relationship Between Non-business Bankruptcy

Jan 11, 2017

Redemption Value Is Hard to Put a Judicial Finger On

It is often said that variety is the spice of life. Well, it may be that there is too much spice in the judicial recipe for the debtor's redemption of an automobile pursuant to §722 of the Code. Statutory interpretation by the U.S. Bankruptcy Court for the Northern

Jan 11, 2017

Consensual Redemption Agreements Outside the Scope of Judicial Authority

The most embattled creditor in the consumer bankruptcy arena in recent years has been Sears Roebuck and Co. 1 In the following cases, Sears again finds itself at center stage in a consumer bankruptcy controversy. This time, the controversy relates to the validity of