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
Post-Closing Demands for Mortgage-Related Fees Assessed During a Chapter 13 Plan Part III What Can Be Done
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