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Welcome to Henry Sommer

posted by Angie Littwin

On behalf of Credit Slips, I would like to welcome Henry Sommer as a guest blogger this week. Sommer is a noted attorney who has dedicated his career to fighting for consumers' rights. Currently a supervising attorney at the Consumer Bankruptcy Assistance Project, he spent more than 20 years at Community Legal Services of Philadelphia. He is also the editor-in-chief of Collier on Bankruptcy. With the financial regulation bill nearing the home stretch, this is the perfect time to get the insights of such a distinguished consumer advocate.

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Comments

Been practicing for 23 years and have not seen this one.

A prior client filed a 13 that was confirmed (confirmation in open court but confirmation order was signed 2 months later –possible issue). Between the confirmation hearing and the signing of the confirmation order the debtors husband died. Debtor refinanced residence and paid 100% of claims filed by creditors. Sometime after death the debtor determined husbands estate had a malpractice claim for which debtor would be the financial beneficiary. Her bk schedules were never amended to reflect claim. Now debtor is in state court. Defense counsel (doctors lawyer) now asserts the Plaintiff (prior debtor) lacks standing due to this omission to amend schedules to reflect claim. The chapter 13 trustee has asserted it makes no sense to reopen the bk because there are no remaining creditors to pay. Defense counsel asserts in motion to dismiss plaintiff lacks standing to pursue her claim.. I attached a case that touches on these issues. Thoughts?

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