Legislative Update Did BAPCPA Eliminate the Fourth Option for Individual Debtors Secured Personal Property
This month's Update continues the series of articles examining BAPCPA in detail. Courts have long struggled with the issue of whether the Code permits a "ride-through" for a chapter 7 debtor's secured personal property. In fact, this question of "whether a chapter 7
USTP Data Shows Enhanced System Integrity
In late 2004, the U.S. Trustee Program (USTP) adopted a strategic plan 1 for 2005-10 that encompasses several critical goals: (1) protecting the integrity of the bankruptcy system, (2) promoting the effectiveness and efficiency of the system and (3) maintaining
Avoidance of Transfers of Entireties Property - No Harm No Foul
The doctrine of tenants by the entireties contemplates the ownership of property by the marital union itself ("one flesh") and not by the separate spouses as co-tenants. As a result, the Bankruptcy Code preserves the debtor's right, when only one spouse files a
Empowerment of Creditor Rights Section 727 Denial of Discharge and the BAPCPA of 2005
Before enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) of 2005, the denial of discharge imposed against an individual chapter 7 debtor under §727 of the Bankruptcy Code was one of the most positive provisions available to creditors. The