2001

The road through the briar patch of financial troubles has, in many jurisdictions, always passed by a homestead. Prudent debtors have normally taken advantage of the ability to shelter both their estates and their families in the homestead. Homebuyers buy ever more

Pursuant to 28 U.S.C. §1930, all chapter 7 debtors are currently required to pay a filing fee, although some debtors pay the fee in installments. For the first time, under S. 420 and H.R. 333, the court may waive payment of the filing fee in chapter 7 cases. The

Tying approval of a debtor's reaffirmation of mortgage debt to the reaffirmation of other unsecured debt violates the automatic stay, according to a recent decision in the First Circuit. In re Jamo, 262 B.R. 159 (1st Cir. BAP 2001). The remedy for that stay violation

The grounds for setting aside reaffirmation agreements are limited after the time to rescind has expired. Reaffirmation agreements are not favored by bankruptcy courts and are strictly construed based on conventional contract principles. 1 Debtor's counsel should

A fundamental distinction exists between a consumer chapter 7 case and a chapter 13 case. This distinction pervades the way each case proceeds through the judicial system. A chapter 7 case is static: non-exempt assets held by a debtor at the time of filing become

Earlier this year, the Fifth Circuit Court of Appeals took the unusual step of granting a rehearing en banc to determine the standard for non-dischargeability of credit card debt in In re Mercer, 246 F.3d 391 (Miss. 2001). The rehearing followed a circuit court opinion

The article "Planning for Change: Credit Counseling at the Threshold of Bankruptcy" (last month's ABI Journal) by Gordon Bermant and Ed Flynn of the EOUST elevates the dialogue about credit counseling agencies and their place in a new world of bankruptcy reform to a

One of the most frequently asked questions by persons ensnared in a bankruptcy for the first time is the bankruptcy's effect on a creditor's right to pursue a claim against the debtor. Often overlooked by debtors and creditors alike, 11 U.S.C. §108 1 prescribes the

With the end of the 106th Congress, the bipartisan effort to rewrite the consumer bankruptcy law died the death of a post-adjournment veto. Although conventional wisdom dictates that a bill identical or nearly identical to the conference report on H.R. 2415 will be