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Consumer Bankruptcy Jan 11, 2017

Does BAPCPA Take Good Faith on Faith

Not surprisingly, "good faith" is an important theme in, and even a prerequisite to, the "fresh start" offered by bankruptcy. Among the Bankruptcy Code's requirements for confirmation of a chapter 13 plan is that it be proposed in good faith. 1 The Code reminds us that

Plan Confirmation Jan 11, 2017

The Hanging Paragraph and Cramdown 11 U.S.C. 1325(a) and 506 after BAPCPA

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