2006

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 following: For purposes of

Attend any bankruptcy-related legal conference, CLE or bar meeting (sometimes even happy hour at the local pub after a heavy day of §341 hearings) and the topic of the new mandatory credit counseling requirement isn't too far from someone's lips. Most of those

The passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) has been the subject of most of the articles in the Consumer Corner column of this Journal for the past year. Much of the discussion has focused on the additional burdens imposed

Editor's Note: Part I was published in the May 2006 issue of the ABI Journal. Part II examines the legality of a mortgage creditor's attempts at post-closing collection of mortgage-related fees and charges incurred during the pendency of a chapter 13 plan by focusing on

Individual Chapter 11 Cases after BAPCPA: Can You Still Close the Case Early? Practitioners, judges and scholars have debated the ins and outs of BAPCPA in countless seminars and scholarly efforts. One area that courts will inevitably address pertains to the changes

Editor's Note: Part I was published in the May 2006 issue and Part II was published in the June 2006 issue of the ABI Journal. With an understanding of how post-confirmation fees and charges can arise and why no attempt to collect those fees and charges is generally

The changes to "individual chapter 11" wrought by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), which essentially grafted the chapter 13 structure onto chapter 11 for individuals, have been controversial. Issues and problems remain

While we begin to digest all of the new opinions on the complicated and sometimes ambiguous provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), it may also be a good time to recall one of the more mundane and by now familiar

Under the Bankruptcy Reform Act of 1978, 1 there was a split of authority as to the disposition of funds paid to the chapter 13 trustee after commencement of a case where the case was converted to a chapter 7 case before confirmation of a plan. 2 In 1994, Congress

Editor's Note: Part I was featured in the November 2006 ABI Journal. This part of the article examines the correlation of the following economic indicators to the non-business bankruptcy filing rate (per 1,000 population). I have chosen various sets of economic data