Discharge/Dischargeability

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

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

Ten Principles of BAPCPA Not What Was Advertised

In the eight-year run-up to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), the coalition of consumer lenders driving this legislation won the public relations war for bankruptcy reform. With sometimes arrogant disregard for the facts about