Practice and Procedure

Involuntary Individual Chapter 11 Post-BAPCPA as a Collection Device

The changes to "individual chapter 11" wrought by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), which essentially grafted the chapter 13 structure onto chapter 11 for individuals, have been controversial. Issues and problems remain

Back to Basics ECFs Benefits Should Be Approached with Caution

While we begin to digest all of the new opinions on the complicated and sometimes ambiguous provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), it may also be a good time to recall one of the more mundane and by now familiar

Means Testing Dismissal and Conversion Under the New Law

Means testing is the heart of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). It provides a very detailed formula for determining when abuse arises in the case of an individual debtor with primarily consumer debts. The amendments to §707(b)