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
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
Student Loan Dischargeability Recent Cases under 523(a)(8) Set High Bar for Debtors
Congress decided that student loans are beneficial, and that the federal taxpayers' money should be used to guarantee their repayment. Congress even set up various programs over the years to allow students to obtain loans directly from the U.S. Department of Education
Good Faith in Chapter 13Going Once Going Twice
The "good faith" of a chapter 13 debtor will now be subject to examination at two different instances in the confirmation process. 11 U.S.C. §1325 (a)(3) requires that the court find that "the plan has been proposed in good faith and not by any means forbidden by law."