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In the uninformed rush by Congress to prevent bankruptcy abuse, §1325(a) of the Bankruptcy Code was amended by BAPCPA 1 to include a hanging paragraph at the end of §1325(a)(9). This insertion, which refers back to §1325(a)(5), states the f…
Saving a principal residence from foreclosure and curing a mortgage arrearage are key reasons why many debtors file for chapter 13. While paying a home mortgage arrearage through a chapter 13 plan can cure that pre-petition arrearage, a hom…
The concept of a "needs-based" consumer bankruptcy law has generated numerous reactions, studies and debates. Most of these have focused on the need for a change in the bankruptcy system's approach to granting relief to consumer debtors, th…