[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…
2006
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[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…
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…
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…
While we begin to digest all of the new opinions on the complicated and sometimes ambiguous provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), it may also be a good time to recall one of the more mun…
The last time I wrote a column was shortly after the birth of my son. Since then, I’ve been delightfully occupied with the all-important task of raising Harrison, who I am happy to report is a bright, handsome and happy little guy (don’t wo…
Withdrawal of Reference Not Required after Jury Trial Refusal In In Growe Ex Rel Great Northern Paper v. Bilodard, 325 B.R. 490 (D. Maine 2005), a defendant in an adversary proceeding filed by a chapter 7 trustee seeking recovery of a prefe…