Practice and Procedure

In late 2004, the U.S. Trustee Program (USTP) adopted a strategic plan 1 for 2005-10 that encompasses several critical goals: (1) protecting the integrity of the bankruptcy system, (2) promoting the effectiveness and efficiency of the system and (3) maintaining

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

Consumer creditors were dealt a favorable hand on the issue of lien "revival" or "revesting" in a recent decision authored by Judge Eugene R. Wedoff in In re Booth. 1 The issue presented in Booth is the effect of dismissal of a chapter 13 case in which the secured

[T]here is nothing wrong with the means test. People who make high incomes–lawyers, doctors and accountants are examples–and file bankruptcy, wiping out all their debts, who don't care who got hurt by their failure to pay and they care only about themselves, this will

Some have described the term "Market Rate of Interest" as being similar to pornography: You can't define it, but you know it when you see it. The courts have been struggling with the application of market rate of interest to undersecured claims since the Sixth Circuit