This article challenges the conclusions set forth in Justin H. Dion's article, "Timing Is Everything...or Is It?: Cortez Challenges the 'Snapshot' Approach to Analyzing Abuse Pursuant to §707(b)," 1 which appeared in the October 2006 issue …
This article honors (or dishonors) one of bankruptcy's greatest pieces of literature, A Christmas Carol, by Charles Dickens. 1 Early in the story, one of the most famous individual debtors in history, Jacob Marley, the former partner of Ebe…
Editor's Note: Part I was featured in the November 2006 ABI Journal. This part of the article examines the correlation of the following economic indicators to the non-business bankruptcy filing rate (per 1,000 population). I have chosen var…
The changes to "individual chapter 11" wrought by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), which essentially grafted the chapter 13 structure onto chapter 11 for individuals, have been controversial. Iss…
Not surprisingly, "good faith" is an important theme in, and even a prerequisite to, the "fresh start" offered by bankruptcy. Among the Bankruptcy Code's requirements for confirmation of a chapter 13 plan is that it be proposed in good fait…
Debtor Not Estopped from Pursuing Inadvertently Unscheduled Claim In Best v. Kroger Co., 339 B.R. 180 (W.D. Tenn. 2006), a former chapter 13 debtor failed to schedule a pre-petition Title VII claim for sexual harassment and constructive dis…