Student Loan Dischargeability Recent Cases under 523(a)(8) Set High Bar for Debtors
Congress decided that student loans are beneficial, and that the federal taxpayers' money should be used to guarantee their repayment. Congress even set up various programs over the years to allow students to obtain loans directly from the U.S. Department of Education
Analyzing Chapter 7 Abuse Dismissal Motions Post-BAPCPA: A Reply on Cortez
This article challenges the conclusions set forth in Justin H. Dion's article, "Timing Is Everything...or Is It?: Cortez Challenges the 'Snapshot' Approach to Analyzing Abuse Pursuant to §707(b)," 1 which appeared in the October 2006 issue of the ABI Journal. In his
Consumer Filings Trends and Indicators Part I
Part I of this article looks at consumer bankruptcy filing rates and attempts to identify some trends and economic indicators that might predict those filing rates. The $64,000 question (which, adjusted for inflation, today would be the "$484,537 question") is, what
Congressional Campaigning Leaves Tithing Trustee Fee and Judges Salary Increases Hanging
The House and Senate sprinted to recess for the Nov. 7 elections without completing action on several pending clarifications to bankruptcy law. Bills covering issues ranging from the treatment of tithing to an increase in chapter 7 trustee fees and reforms pertaining to
Legislative Update
Discharge of Unfiled Taxes under BAPCPA: No More "Super" Discharge? The basic concept of a chapter 13 bankruptcy filing historically was to allow individual debtors to reorganize their finances. The policy of giving the debtor a chance to have a fresh start was foremost
Lightning Strikes Thrice Emerging Issues in Bankruptcy Credit Counseling
Allegations of the unauthorized practice of law, wrongfully withholding counseling certificates, failure to provide pro bono services, generally poor customer service: These are just a few of the issues that the mandatory credit counseling provisions of BAPCPA have
Post-Closing Demands for Mortgage-Related Fees Assessed During a Chapter 13 Plan Part I Does the Court Have Jurisdiction
Saving a principal residence from foreclosure and curing a mortgage arrearage are key reasons why many debtors file for chapter 13. While paying a home mortgage arrearage through a chapter 13 plan can cure that pre-petition arrearage, a home mortgage creditor may assess