Bankruptcy Petition Preparers: What Is the Future?
A number of reported decisions and anecdotal reports indicate that despite the efforts of Congress to curtail, if not eliminate, bankruptcy petition preparers (BPPs), this "industry" continues to thrive. BPPs run the gamut from the single office to at least one
A Circuits Split Does the Bankruptcy Code Implicitly Repeal the FDCPA
As most observers acknowledge, the automatic stay and the discharge injunction are the two cornerstones of consumer bankruptcy law. They are, respectively, a fundamental debtor protection and a fundamental debtor objective. 1 The automatic stay benefits debtors by
Down but Not Out: The Status of Critical-vendor Payments Post-Kmart
On Feb. 24, 2004, the U.S. Court of Appeals for the Seventh Circuit affirmed a U.S. District Court's reversal of a bankruptcy court order that had granted Kmart authority to pay the pre-petition clams of vendors that Kmart deemed critical to its continued business
Make a Difference Volunteer for Ch. 7 Pro Bono Cases
It often comes as a surprise to first-year lawyers, but there is not "justice for all" in the American legal system: There is justice for those who can afford counsel, and for those fortunate enough to qualify for a legal services or pro bono lawyer. Even if an
Legislative Update S. 256 Summary of Changes Affecting Individual Bankruptcy Cases
This month's Update contains excerpts from a synopsis of S. 256, prepared by Thomas J. Yerbich, vice chair of ABI's Consumer Bankruptcy Committee. The excerpt covers changes made to chapters 7, 11 and 13, debtor's duties, exemptions, exclusions, claims, nondischargeable