Practice and Procedure

Automatic Termination of the Stay upon Second Filing under 362(c)(3) Are Two Strikes an Out

Three strikes and yer out!" 1 That quintessential American idiom is now codified in the Bankruptcy Code with the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). Should a debtor file a third petition for relief after two

Memo to Congress Fix Needed on New Best Interest Test in 1325(b)

The last time I wrote a column was shortly after the birth of my son. Since then, I’ve been delightfully occupied with the all-important task of raising Harrison, who I am happy to report is a bright, handsome and happy little guy (don’t worry, I won’t inflict pictures

Practice and Procedure Jan 11, 2017

You've Got Mail: Is E-mail Noticing Too Much of a Good Thing?

Case Management/Electronic Case Filing (CM/ECF) implementation in the bankruptcy courts has been underway since early 2001. Currently, approximately 61 courts are operational, with more scheduled to become activated each month. With the advent of CM/ECF come some