In this episode of The Consumer Finance Podcast, Chris Willis is joined by colleagues Joe DeFazio, Brad Knapp, and Punit Marwaha for a practical introduction to consumer bankruptcy from the creditor’s perspective. The panel walks through the core bankruptcy chapters that consumer financial services companies encounter most often and explains how the automatic stay, co-debtor stay, and discharge injunction operate in real-world servicing and collection environments. They discuss treatment of secured and unsecured debts, reaffirmation agreements, and hot-button issues like the dischargeability of qualified education loans. The conversation also highlights common traps for mortgage servicers, auto lenders, and unsecured creditors, including repossessions, garnishments, foreclosure timing, and plan objections, as well as preference actions and clawbacks.

Transcript: Bankruptcy 101 for Consumer Creditors: Automatic Stays, Discharge Injunctions, and Common Pitfalls (PDF)

Photo of Chris Willis Chris Willis

Chris is the co-leader of the Consumer Financial Services Regulatory practice at the firm. He advises financial services institutions facing state and federal government investigations and examinations, counseling them on compliance issues including UDAP/UDAAP, credit reporting, debt collection, and fair lending, and defending…

Chris is the co-leader of the Consumer Financial Services Regulatory practice at the firm. He advises financial services institutions facing state and federal government investigations and examinations, counseling them on compliance issues including UDAP/UDAAP, credit reporting, debt collection, and fair lending, and defending them in individual and class action lawsuits brought by consumers and enforcement actions brought by government agencies.

Photo of Joseph DeFazio Joseph DeFazio

Joseph DeFazio has extensive experience as a trial and appellate litigator in federal and state courts. He represents and advises a wide array of financial services companies in matters related to consumer protection laws and regulations.

Photo of Brad Knapp Brad Knapp

Brad advises clients on a wide range of litigation and bankruptcy matters, with a particular focus on the energy and financial services sectors. He has extensive experience in Chapter 11 proceedings, representing debtors, creditors, creditor committees, and buyers in bankruptcy acquisitions. Brad’s clients…

Brad advises clients on a wide range of litigation and bankruptcy matters, with a particular focus on the energy and financial services sectors. He has extensive experience in Chapter 11 proceedings, representing debtors, creditors, creditor committees, and buyers in bankruptcy acquisitions. Brad’s clients include energy companies, consumer finance firms, and various secured and unsecured creditors. He is adept at handling bankruptcy litigation, regulatory matters, and distressed asset acquisitions.

Photo of Punit Marwaha Punit Marwaha

Punit Marwaha is an attorney in the consumer financial services litigation practice, representing clients in business disputes, consumer law and commercial litigation in both federal and state courts.