Consumer Bankruptcy

The Duty to File Tax Returns under BAPCPA

Although anecdotal, many Department of Justice and Internal Revenue Service attorneys who practice bankruptcy would most likely state that one of their largest complaints with the previous version of the Bankruptcy Code was their inability to enforce tax compliance

Individual Chapter 11 Cases under BAPCPA

Editor's Note: See Related Article on p. 10. (Legislative Update) Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) significantly changes chapter 11 cases of individuals. After reviewing how chapter 11 works in an individual's case and how it differs from

What Is a Briefing and Will It Reduce Filings

In order for an individual to be a debtor under BAPCPA, he or she must first comply with the credit counseling provisions of §109(h). Under this new provision, a debtor is required to receive an individual or group briefing from an approved nonprofit budget and credit

Ghosts of Individual Chapter 11 Debtors Ethical Issues in Representing Debtors in Individual Chapter 11s under BAPCPA Part I

This article honors (or dishonors) one of bankruptcy's greatest pieces of literature, A Christmas Carol, by Charles Dickens. 1 Early in the story, one of the most famous individual debtors in history, Jacob Marley, the former partner of Ebenezer Scrooge, is featured as