The Hanging Paragraph and Cramdown 11 U.S.C. 1325(a) and 506 after BAPCPA
In the uninformed rush by Congress to prevent bankruptcy abuse, §1325(a) of the Bankruptcy Code was amended by BAPCPA 1 to include a hanging paragraph at the end of §1325(a)(9). This insertion, which refers back to §1325(a)(5), states the following: For purposes of
Post-Closing Demands for Mortgage-Related Fees Assessed During a Chapter 13 Plan Part II
Editor's Note: Part I was published in the May 2006 issue of the ABI Journal. Part II examines the legality of a mortgage creditor's attempts at post-closing collection of mortgage-related fees and charges incurred during the pendency of a chapter 13 plan by focusing on