Legislation

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

Chapter 13 Plan Modifications The Next BAPCPA Battleground

Debtors, chapter 13 trustees and courts around the country are wrestling with whether "projected" disposable income is different than disposable income on the B22C form, and whether "applicable commitment period" is a time period or a multiplier under the Bankruptcy

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