Consumer Corner

Section 1322(b)(2) of the Bankruptcy Code provides that a chapter 13 plan may "modify the rights of holders of secured claims, other than a claim secured only by a security interest in real property that is the debtor's principal residence...." 11 U.S.C. §1322(b)(2)

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

The provisions of 11 U.S.C. §1327(a) clearly state: The provisions of a confirmed plan bind the debtor and each creditor, whether or not the claim of such creditor is provided for by the plan, and whether or not such creditor has objected to, has accepted, or has

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."

The Bankruptcy Code does not exist in a vacuum. Inevitably, there will be overlap between the Code and other federal and state statutes. Federal pre-emption resolves many conflicts arising with state laws. However, where the Bankruptcy Code collides with another federal

The consumer debt counseling industry is at a crisis point. After avoiding the limelight for 30 years, debt counselors are finally receiving the scrutiny and evaluation that their importance to the public requires. Consumer Reports presented a thoughtful, generally

It is common for consumer debtors to borrow money, generally from small loan companies, and grant them a lien in existing household goods to secure repayment of those loans. The liens granted are referred to as "non-possessory non-purchase-money security interests." The