BAPCPA Consumer Issues: 10-Year Anniversary Special

Ten years ago, the consumer bankruptcy bar was facing an unknown world with the passage of BAPCPA. Areas of concern included the means test, the determination of “presumptions of abuse,” the definitions of “excess disposable income” and how it varied from “disposable income,” and the stringent limitations on the claims of exemptions by debtors. This panel examines the case law that has evolved and reviews how consumer bankruptcy cases are being administered in light of BAPCPA. Has the outcome been what the drafters intended it to be, or is consumer bankruptcy practice essentially the same 10 years later?