Although anecdotal, many Department of Justice and Internal Revenue Service attorneys who practice bankruptcy would most likely state that one of their largest complaints with the previous version of the Bankruptcy Code was their inability …
Editor's Note: See Related Article on p. 10. (Legislative Update) Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) significantly changes chapter 11 cases of individuals. After reviewing how chapter 11 works in an individual'…
Individual Chapter 11 Cases after BAPCPA: Can You Still Close the Case Early? Practitioners, judges and scholars have debated the ins and outs of BAPCPA in countless seminars and scholarly efforts. One area that courts will inevitably addre…
In In re Jones, 327 B.R. 297 (Bankr. S.D. Tex. 2005), Bankruptcy Judge Jeff Bohm addressed a motion by the chapter 7 trustee to deny the debtor's discharge based on a failure to keep and preserve financial records. The chapter 7 trustee had…
Defendant Knowledge No Substitute for Service of Complaint Rule 4(m) of the Federal Rules of Civil Procedure requires dismissal without prejudice or service by a date specific unless a summons and complaint is served within 120 days of the …
Three strikes and yer out!" 1 That quintessential American idiom is now codified in the Bankruptcy Code with the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). Should a debtor file a third petitio…
[T]here is nothing wrong with the means test. People who make high incomes–lawyers, doctors and accountants are examples–and file bankruptcy, wiping out all their debts, who don't care who got hurt by their failure to pay and they care only…
Attend any bankruptcy-related legal conference, CLE or bar meeting (sometimes even happy hour at the local pub after a heavy day of §341 hearings) and the topic of the new mandatory credit counseling requirement isn't too far from someone's…
The passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) has been the subject of most of the articles in the Consumer Corner column of this Journal for the past year. Much of the discussion has focused on …
Allegations of the unauthorized practice of law, wrongfully withholding counseling certificates, failure to provide pro bono services, generally poor customer service: These are just a few of the issues that the mandatory credit counseling …