Is it or is it not property of the estate? That is, perhaps, the most fundamental issue in bankruptcy law, and yet it is a question that even the most seasoned insolvency professionals can discuss at length and still not be entirely sure of…
Case Management/Electronic Case Filing (CM/ECF) implementation in the bankruptcy courts has been underway since early 2001. Currently, approximately 61 courts are operational, with more scheduled to become activated each month. With the adv…
Pursuant to §1329 of the Bankruptcy Code, after confirmation but prior to final payment, a chapter 13 plan may be modified at the request of the debtor, the trustee or the holder of an allowed unsecured claim. The modification may increase …
Chapter 13 bankruptcy has been used for a variety of reasons since the enactment of the Bankruptcy Code in 1978. It is often cited as the means whereby a debtor can invoke the benefits of the super discharge where potential non-dischargeabl…
As H.R. 975, the "Bankruptcy Abuse Prevention and Consumer Protection Act of 2003" (the Act), inches toward almost inevitable enactment, two questions are on the minds of many bankruptcy professionals. First, why single out consumer debtors…
Consumer creditors were dealt a favorable hand on the issue of lien "revival" or "revesting" in a recent decision authored by Judge Eugene R. Wedoff in In re Booth. 1 The issue presented in Booth is the effect of dismissal of a chapter 13 c…
Some have described the term "Market Rate of Interest" as being similar to pornography: You can't define it, but you know it when you see it. The courts have been struggling with the application of market rate of interest to undersecured cl…
Actions on the eve of bankruptcy will many times determine the availability of the fresh start: a new financial life free of debt with some exempt assets. Debtors push the envelope on exemption planning because the legislative history of th…
A number of reported decisions and anecdotal reports indicate that despite the efforts of Congress to curtail, if not eliminate, bankruptcy petition preparers (BPPs), this "industry" continues to thrive. BPPs run the gamut from the single o…
The focus of a chapter 13 filing is found in §1321, with its simple dictate: "The debtor shall file a plan." The debtor's goal in such a plan is to resolve as many issues as possible with the plan and confirmation. While there are limitatio…