Congress moved quickly to enact legislation authorizing federal courts, including bankruptcy courts, to hold court sessions outside their usual places of business. The law is called the Federal Judiciary Emergency Special Sessions Act of 20…
The "good faith" of a chapter 13 debtor will now be subject to examination at two different instances in the confirmation process. 11 U.S.C. §1325 (a)(3) requires that the court find that "the plan has been proposed in good faith and not by…
This month's Update continues the series of articles examining BAPCPA in detail. Courts have long struggled with the issue of whether the Code permits a "ride-through" for a chapter 7 debtor's secured personal property. In fact, this questi…
Few provisions in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) have generated as much interest and inquiry as the new requirements that debtors obtain pre-filing budget and credit counseling and complete a po…