Supreme Court

Bankruptcy News Briefs 4/12

From the Web: Household Debt Balances and Borrower Demographics Shift Since 2008

Debtor Established Valid Defense of Laches Against Creditor’s Motion to Dismiss under § 707(a)f

Credit Card Debt Surpasses $1 Trillion

CFPB Office of Consumer Response Provides Updated Complaint Trends in Annual Report


CFPB hearing proves consumer finances are at risk again

Consumer Complaints About Medical Debt Collectors, and How the CFPB Can Help

Consumer accuses Healthcare Receivables Group of improper debt collection practices

Betsy DeVos undoes Obama’s student loan protections

Rising Student Loan Debt Seen as Further Hurting Homeownership Rates

Argument preview: Court to consider application of Fair Debt Collection Practices Act to debt buyers

Keep On Truckin’: Priority Rules Still Rule in Structured Dismissals

Bankruptcy judge shortage could ‘cripple’ Delaware

Consumers Slowly Getting Savvier About Finances

Foreclosures, Delinquencies Drop Year-Over-Yeau

Court Finds No Pro-Bank Bias From Judge in Foreclosure Case

A Glimpse Into the Consumer Bankruptcy Journal

Professor Jason Killborn


Everyone is talking about the newly appointed Supreme Court Justice, Neil Gorsuch, but what does his appointment mean for bankruptcy cases? Read Professor Jason Killborn’s article, “What to Expect From Justice- To-Be Gorsuch on Bankruptcy,” where he discusses three bankruptcy cases and gives insight on what bankruptcy attorneys and their clients may expect from Supreme Court Justice Gorsuch in his tenure.

NACBA25 is Less Than A  Month Away! Are You Registered?

Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more! Register today!

Receive a $25 Amazon Gift Card!

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the Requirements and start referring today!

 It’s a New Month! Renew Your Membership to Enter This Awesome Giveaway!

Renew your membership in April and be entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners, will be selected at random each month


Dig Into The Spring Edition of NACBA’s Consumer Bankruptcy Journal!

This weekend spring into the new edition of NACBA’s Consumer Bankruptcy Journal. The Journal kicks off with a letter from our new President, Jim Haller, Esq. who talks about our challenges, strengths and the important advocacy role NACBA will take in 2017 in the current  and ever changing political climate. Then dive into the many relevant articles that keep you updated on bankruptcy issues and speaks personally to you as a consumer bankruptcy attorney.


Here’s a glimpse of the articles you can dive into in this spring edition of the Consumer Bankruptcy Journal:

  • Counseling Bankruptcy Clients About Guilt and Debt
  • Navigating the Late Tax Return Problem
  • What to Expect From Justice to Be- Gorsuch
  • Why Are Lawyers So Afraid to Ask for Help?
  • President Trump Is Right:Student Loan Debt an ‘Albatross’ on Family, Young People

There’s so much more so kick back and take some time to read the Consumer Bankruptcy Journal!

2016 Virtual Bankruptcy Workshop Session Highlight


Ready for a second round of sessions of the 2016 Virtual Bankruptcy Workshop?

Friday, December 16th 

12:00 PM-1:00 PM ET

Sailing the Supreme Court Seas: The Top Supreme Court Consumer Bankruptcy Decisions
Presented by: Tara Twomey, Esq. & Henry Sommer, Esq.

It may not be the best court, but it’s the highest court and it is the last word for sailors of the bankruptcy globe. This panel will navigate the Court’s decisions on important consumer bankruptcy issues, including, exemptions, dischargeability, claims, discrimination, chapter 13 plans, lien stripping, and more.

There is still time to Register even if you didn’t register for session one on December 9th. Register today and still receive the recording for session one and session two if you are unable to attend.

About Our Presenters:

avatar for Henry Sommer

Henry Sommer

Henry J. Sommer is Supervising Attorney at the pro bono Consumer Bankruptcy Assistance Project in Philadelphia. He has litigated many major cases involving bankruptcy, consumer law, civil rights and other issues. Previously, he was the head of the Consumer Law Project at Community Legal Services in Philadelphia, where he worked for over 21 years. Mr. Sommer has also served as a Lecturer-in-Law at the University of Pennsylvania Law School and is an Adjunct Professor at Temple University School of Law. He received his A.B. degree from Harvard College, magna cum laude and his J.D. degree from Harvard Law School, cum laude.

Mr. Sommer is Editor in Chief of Collier on Bankruptcy and the entire Collier line of bankruptcy publications. He is the author of Collier Consumer Bankruptcy Practice Guide (Matthew Bender); Consumer Bankruptcy Law and Practice, (9th Ed. 2009) published by the National Consumer Law Center, Boston, Ma., and Consumer Bankruptcy: The Complete Guide to Chapter 7 and Chapter 13 Personal Bankruptcy (John Wiley & Sons 1994) as well as numerous articles on bankruptcy law. He is the co-author of Collier Family Law and the Bankruptcy Code (Matthew Bender).

Mr. Sommer is a former President of the National Association of Consumer Bankruptcy Attorneys (NACBA), a former member of the Federal Judicial Conference Advisory Committee on Bankruptcy Rules (appointed by the Chief Justice of the Supreme Court) and a member of the National Bankruptcy Conference. He is a Fellow of the American College of Bankruptcy, a member of the American Law Institute, and a former member of the Federal Reserve Board Consumer Advisory Council. He is also President of the National Consumer Bankruptcy Rights Center and a former Chairman of the Eastern District of Pennsylvania Bankruptcy Conference.

He has been asked to testify many times before the House and Senate Judiciary Committees, as well as the National Bankruptcy Review Commission, on bankruptcy and consumer law issues. He has served on the faculty of numerous continuing legal education programs including those presented by the Federal Judicial Center, NYU Law School, the National Conference of Bankruptcy Judges, the Southeastern Bankruptcy Law Institute, the Executive Office of U.S. Trustees, the ABA Family Law Section, NACBA, ALI-ABA and the Pennsylvania Bar Institute. Mr. Sommer was the first recipient of the National Consumer Law Center’s Vern Countryman Consumer Law Award.

avatar for Tara Twomey

Tara Twomey

Tara Twomey is the Amicus Project Director for the National Association of Consumer Bankruptcy Attorneys and currently Of Counsel to the National Consumer Law Center. She is currently a Lecturer in Law at Stanford, and has previously lectured at Harvard and Boston College Law Schools. Tara is a former Clinical Instructor at the Hale and Dorr Legal Services Center of Harvard Law School where her practice focused, in part, on sustainable homeownership for low- and moderate-income homeowners. She is a contributing author of several books published by the National Consumer Law Center including, Foreclosures: Defenses, Workouts and Mortgage Servicing and Bankruptcy Basics. Ms. Twomey is also a co-principal investigator, along with Professor Katherine M. Porter of the University of Iowa, for a national study examining mortgage claims in consumer bankruptcy cases.