Involuntary Individual Chapter 11 Post-BAPCPA as a Collection Device
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
Good Faith in Chapter 13Going Once Going Twice
The "good faith" of a chapter 13 debtor will now be subject to examination at two different instances in the confirmation process. 11 U.S.C. §1325 (a)(3) requires that the court find that "the plan has been proposed in good faith and not by any means forbidden by law."