Timing Is Everything...or Is It Cortez Challenges the Snapshot Approach to Analyzing Abuse Pursuant to 707(b)
"You can never plan the future by the past." -Edmund Burke It has been said that life is all about timing. This is especially true when examining someone's financial status. Someone could be solvent today and insolvent tomorrow (or vice versa). Timing is also crucial
Consumer Debt Collection FDCPA Traps for the Unwary Nationwide Lender Loan Servicer and Debt Collector Part I
Consumer protection laws regulating debt collection practices are a complex minefield of potential liability for creditors and other debt collectors. Large damage awards, provisions for recovery of attorneys' fees and increased awareness and interest in consumer
May It Please the Court Answers to Questions Not Raised in Rousey v. Jacoway Part I
Editor's Note: Part II of this article will appear in the March 2005 issue. On Dec. 1, 2004, counsel for the debtors and their panel trustee squared off before the Supreme Court. The Court had granted certiorari in June to resolve a split among three circuits on an
Strange Bedfellows Bankruptcy Reform and Mandatory Credit Counseling
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 1 (Reform) mandates pre-filing credit and budget counseling for consumers seeking bankruptcy protection under both chapters 7 and 13. This provision has remained consistent throughout the bill's many