Strange Bedfellows Bankruptcy Reform and Mandatory Credit Counseling
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 1 (Reform) mandates pre-filing credit and budget counseling for consumers seeking bankruptcy protection under both chapters 7 and 13. This provision has remained consistent throughout the bill's many
The Lost Day Exigent Circumstances and the Timing of Credit Counseling
Attend any bankruptcy-related legal conference, CLE or bar meeting (sometimes even happy hour at the local pub after a heavy day of §341 hearings) and the topic of the new mandatory credit counseling requirement isn't too far from someone's lips. Most of those
Unintended Consequences BAPCPA and the New Disposable Income Test
The passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) has been the subject of most of the articles in the Consumer Corner column of this Journal for the past year. Much of the discussion has focused on the additional burdens imposed
Individual Chapter 11 Cases after BAPCPA: Can You Still Close the Case Early?
Individual Chapter 11 Cases after BAPCPA: Can You Still Close the Case Early? Practitioners, judges and scholars have debated the ins and outs of BAPCPA in countless seminars and scholarly efforts. One area that courts will inevitably address pertains to the changes