2003

Each year since 1998, the Executive Office for U.S. Trustees (EOUST) has collected 2,000 randomly selected chapter 7 no-asset cases from across the country. All of these cases were filed, processed and closed as non-business consumer cases. Data extracted from the

Some have described the term "Market Rate of Interest" as being similar to pornography: You can't define it, but you know it when you see it. The courts have been struggling with the application of market rate of interest to undersecured claims since the Sixth Circuit

Chapter 13 bankruptcy has been used for a variety of reasons since the enactment of the Bankruptcy Code in 1978. It is often cited as the means whereby a debtor can invoke the benefits of the super discharge where potential non-dischargeable debts are present. It has

A number of reported decisions and anecdotal reports indicate that despite the efforts of Congress to curtail, if not eliminate, bankruptcy petition preparers (BPPs), this "industry" continues to thrive. BPPs run the gamut from the single office to at least one

In this article, we report on home ownership among no-asset chapter 7 debtors. The report is based on 5,832 non-business chapter 7 cases that were closed between 1999 and 2001. 3 We classified each debtor as an owner or a non-owner based on information in Schedules A, C

Is it or is it not property of the estate? That is, perhaps, the most fundamental issue in bankruptcy law, and yet it is a question that even the most seasoned insolvency professionals can discuss at length and still not be entirely sure of their conclusion. Such is the

Pursuant to §1329 of the Bankruptcy Code, after confirmation but prior to final payment, a chapter 13 plan may be modified at the request of the debtor, the trustee or the holder of an allowed unsecured claim. The modification may increase or reduce the amount of