Category Archives: Bankruptcy News

Supreme Court Consumer Bankruptcy Update

On December 12, 2014, the Supreme Court released an order granting petitions for certiorari in two more consumer bankruptcy cases: This update is from Robin Miller who provides bankruptcy consumer law updates to attorneys. Bullard v. Hyde Park Savings Bank, Case No. 14-116 (U.S. Sup. Ct., pet. for cert. granted Dec. 12, 2014) The Supreme Court  granted the Chapter 13 debtor’s petition for certiorari seeking review of In re Bullard, 752 F.3d 483 (1st Cir. May 14, 2014), which held that a bankruptcy court order denying confirmation of a proposed Chapter 13 plan, and giving the debtor an opportunity to file an amended plan, was not a final appealable order. Harris v. Viegelahn, Case No. 14-400 (U.S. Sup. Ct., pet. for cert. granted Dec. 12, 2014) The Supreme Court  granted the Chapter 13 debtor’s petition for certiorari seeking review of In re Harris, 757 F.3d 468 (5th Cir., July 7,…
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Supreme Court to Decide Lien Strips in Chapter 7

Last week the U.S. Supreme Court agreed to hear an appeal on whether debtors can strip or eliminate  underwater second  mortgages in chapter 7.  Fort Lauderdale bankruptcy debtors have been able to strip second mortgages and equity lines in  chapter 7 for only about the past year based on an appellate court’s decision that is binding in Florida, Georgia and Alabama.  The 11th Circuit Court of Appeals  in the GMAC v McNeal decision held that based on prior authority of this circuit, debtors could strip underwater second mortgages and equity lines.  (See prior blog posts on McNeal) The 11th Circuit Court opinion is contrary to the rulings in most of the country.  The Supreme Court agreed to resolve the conflict in this “McNeal appeal.” (This rhymes and sounds good, but actually the appeal is not in this GMAC v McNeal case but in an appeal brought by Bank of America….
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Bankruptcy Filing Fees Increase June 1

The filing fees for bankruptcy are increasing on June 1.  Chapter 7 filing fees will be $335.00 and chapter 13 filing fees will be $310.00.  As for Chapter 11, the increase in fee will now require $1,717.00 to be paid to the clerk of bankruptcy court.

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