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| vol 19, num 4 | December 2021 |
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| 2021 Co-Chair Corner/Year in Review |
| Co-Chairs Chris Hawkins and Michelle Bass thank all committee members for their support and participation this year. Despite the continuing challenges presented by COVID-19, we were able to maintain momentum in 2021 after a very productive 2020.
The committee’s most high-profile achievement was its coordination with Karim Guirguis (ABI Chief Operating Officer), Michelle Burnett (ABI Meeting Planner) and other ABI staff to present the 2021 Consumer Practice Extravaganza Nov. 3-12. Committee leadership first provided recommendations for membership on the Planning Committee, then supplied the muscle, with Karlene Archer (Newsletter Editor), John Bollinger (Education Director), Jeffrey Fraser (Communications Manager), and Heather Giannino and Keith Larson (Special Projects Leaders) all serving on the Planning Committee. Chris Hawkins, Michelle Bass, Karlene Archer and Jeffrey Fraser also spoke on panels during this two-week event. By all accounts, CPEX21 was a
smashing success, and the committee is proud to have played an active role in its planning and presentation.
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| In re Gravel: Where Are We Now on Rule 3002.1 Sanctions? |
| The Second Circuit’s August 2021 decision in In re Gravel has already received considerable attention and generated much debate. Gravel involved the Vermont bankruptcy court’s initial entry of $375,000 in sanctions against a mortgage creditor based on the creditor’s inclusion of fees on a monthly mortgage statement — fees that were not included in the “amount due” on the statement and for which it did not file notice under Bankruptcy Rule 3002.1(c). The bankruptcy court entered $300,000 contempt sanctions in two chapter 13 cases based on the chapter 13 trustee’s request for violation of its “deem current”
orders at the end of the cases, and $75,000 sanctions in the same two cases plus a third case as “other appropriate relief” as provided in Rule 3002.1(i), the remedy provision. After the district court reversed and remanded, the bankruptcy court reduced the $300,000 contempt sanctions to $225,000 but re-entered the $75,000 sanctions for violation of Rule 3002.1(c). The Second Circuit then accepted the matter for direct appeal. |
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| Consumer Practice and Access to Justice |
| November 2021 brought with it a first-of-its-kind, incredibly successful event with ABI’s Consumer Practice Extravaganza Nov. 3-12 (CPEX21). Attendees learned about all aspects of consumer bankruptcy practice from intake to post-filing, and from basic chapter 7 cases to cryptocurrency. One common theme may have gone unnoticed, however: access to justice.
Courts have long held that all persons have a constitutional right to file for bankruptcy. This right is not circumscribed if the prospective debtor is short on funds (indeed, aren’t all debtors?). Many prospective debtors find themselves without the more than $1,000 needed to pay for an attorney to assist them with a chapter 7 filing, so they either wait for their tax return or file the petition themselves. Waiting can result in further financial difficulties, including garnished wages or repossession, and additional emotional distress in an already difficult time. Filing without an attorney can result in a diminished chance of success, either by failure to discharge individual debts because the filer forgot to list them, or failure to achieve a discharge altogether because the filer didn’t complete the requirements.
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| U.S. Court of Appeals for the Second Circuit Announces Bankruptcy Judgeship Openings |
| The U.S. Court of Appeals for the Second Circuit is inviting applications from qualified candidates for a 14-year appointment as U.S. Bankruptcy Judge to fill two vacancies in the Southern District of New York. The selection process will be confidential and competitive. Applicants will be considered without regard to race, color, religion, sex, national origin, age, sexual orientation or disability. |
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