American Bankruptcy Institute | Quick Poll Archive 2007

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Quick Poll Archive 2007

Quick Poll Archive (Before 2007)

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2008
Mar 31	Arbitration Clauses in Consumer Loan Agreements are Unconscionable (Tillman v. Commercial Credit Loans; NC Sup Court, 1/25/08).


Mar 22	Who will win the NCAA men’s basketball tournament?


Mar 10	If a chapter 7 debtor files a notice of intent to surrender property, either a vehicle or a residence, then the debtor may not take that secured deduction on the means test form pursuant to section 707(b)(2)(A)(iii)(I). (In re Burden, 2007 WL 4556906, Bankr. W.D. Mo. Dec, 20, 2007).


Mar 3	Chapter 11 debtor’s counsel must obtain court approval of bid procedures before auction or disgorge fees related to auction. (In re APW Enclosure Systems, Inc., 49 BCD 8 (Bankr. D. Del 2007)).


Feb 18	It is a Rule 9011 violation for a buyer of consumer debt to file a proof of claim without attaching the original loan documents or a reasonable substitute (In re Wingerter, No. 06-50120 (Bankr. N.D. Ohio 10/01/07)).


Feb 4	Congress should amend chapter 13 to allow the modification of the terms of residential mortgages in the bankruptcy context.


Jan 7	If chapter 7 debtors amend their schedules to list a valuable cause of action after the 45-day period for automatic dismissal expires, the bankruptcy court may not “order[] otherwise” to excuse compliance with the requirement of filing payment advices and deny debtors’ motion to dismiss, which debtors filed after the trustee settled the cause of action (Ivan Acosta Rivera and Ana A. Balseiro Chacon v. Wifredo Segarra Miranda and Nancy Pujals, D. Puerto Rico, Civil No. 07-1301, 10/12/07).