Consumer Corner

Means testing is the heart of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). It provides a very detailed formula for determining when abuse arises in the case of an individual debtor with primarily consumer debts. The amendments to §707(b)

Actions on the eve of bankruptcy will many times determine the availability of the fresh start: a new financial life free of debt with some exempt assets. Debtors push the envelope on exemption planning because the legislative history of the Bankruptcy Code emphasizes

In 1995, in Field v. Mans, 1 the U.S. Supreme Court held that the standard for creditor reliance in fraud cases under §523(a)(2)(A) is justifiable reliance. Although not a credit card case, the Court shed light on what type of investigation was necessary before a

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

The concept of limited representation in litigation, frequently called "unbundling," is an emerging issue across the country, principally in the family law field. While a significant degree of philosophical hostility exists to the concept that an attorney may limit