ABI Journal

In 1995, in Field v. Mans, 1 the U.S. Supreme Court held that the standard for creditor reliance in fraud cases under §523(a)(2)(A) is justifiable reliance. Although not a credit card case, the Court shed light on what type of investigation…

AB Alane A. Becket

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May
1998

In Rem OrdersA Necessary Exception to the Stay

Editor's Note: For more analysis of automatic stay abuses and in rem orders, see Chaves, "In Rem Bankruptcy Refiling Bars: Will They Stop Abuse of the Automatic Stay Against Mortgagees?," 24 Cal. Bankr. J. 1 (Winter 1997). Among the many co…

LC Luis Chaves

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Dec
1997

Consumer Bankruptcy

Taxing Income in the Year of Bankruptcy under BAPCPA

With all of the attention paid to BAPCPA's 2 new means test, credit counseling requirements and attorney sanctions, few people have noticed that Congress made an important change to the rules governing the taxation of income earned in the y…

GG Gregory Germain

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Dec
2005

Careful Planning Remains Important Part of Pre-bankruptcy Negotiations

The possibility of a bankruptcy filing has always affected the pre-bankruptcy conduct of both debtors and creditors. Yet several of the changes the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) made to the Bankrup…

JS John D. Sheehan

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Dec
2005

Consumer Bankruptcy Health Care Practice and Procedure

The Patient Care Ombudsmans New Reality Top 10 Issues Relating to Appointment of an Ombudsman after BAPCPA

NP Nancy A. Peterman SM Sherri Morissette SK Suzanne Koenig

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Jul
2007

Consumer Bankruptcy Mortgage Health Care Investment Banking Legislation

Legislative Highlights Jul/Aug 2007

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Jul
2007