Consumer Bankruptcy

A Penny Returned Is a Penny Earned Who Gets the Money Upon Conversion of a Chapter 13 Case to Chapter 7 Before Confirmation

Under the Bankruptcy Reform Act of 1978, 1 there was a split of authority as to the disposition of funds paid to the chapter 13 trustee after commencement of a case where the case was converted to a chapter 7 case before confirmation of a plan. 2 In 1994, Congress

Consumer Bankruptcy Jan 11, 2017

Taxing Income in the Year of Bankruptcy under BAPCPA

With all of the attention paid to BAPCPA's 2 new means test, credit counseling requirements and attorney sanctions, few people have noticed that Congress made an important change to the rules governing the taxation of income earned in the year of bankruptcy. To

Consumer Bankruptcy Jan 11, 2017

The Life Cycle of a Chapter 11 Debtor Through the Debtors Eyes Part II

Editor's Note: This is the third in this column series for the newly minted chapter 11 professional. In our last installment, we began to paint a portrait of a chapter 11 debtor's life, from preparing for a bankruptcy filing to first-day hearings, the effect of the

Means Testing Dismissal and Conversion Under the New Law

Means testing is the heart of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). It provides a very detailed formula for determining when abuse arises in the case of an individual debtor with primarily consumer debts. The amendments to §707(b)