One of the primary reasons people file for bankruptcy is to obtain a stay 1 against certain creditor actions. Prior to the enactment of BAPCPA, 2 the stay went into effect the moment the case was filed, hence the term "automatic stay," and …
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 …
Under the Bankruptcy Code prior to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), §1322(d), 1 "Contents of plan" stated: The plan may not provide for payments over a period that is longer than three years unle…
Allegations of the unauthorized practice of law, wrongfully withholding counseling certificates, failure to provide pro bono services, generally poor customer service: These are just a few of the issues that the mandatory credit counseling …
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 wo…
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 mun…
A 1996 survey of bankruptcy professionals by the American Bankruptcy Institute 2 reported that two-thirds of the creditor representatives and nearly half of the judges viewed serial filings as a significant problem. In October 2001, the U.S…
Congress had a flurry of legislative activity before leaving for the Christmas recess on Dec. 22, completing action on some legislation changing the legal landscape on bankruptcy. However, several bills affecting the bankruptcy process, inc…
Withdrawal of Reference Not Required after Jury Trial Refusal In In Growe Ex Rel Great Northern Paper v. Bilodard, 325 B.R. 490 (D. Maine 2005), a defendant in an adversary proceeding filed by a chapter 7 trustee seeking recovery of a prefe…
With all of the attention paid to BAPCPA's 2 new means test, credit counseling requirements and attorney sanctions, few people have noticed that Congress made an important change to the rules governing the taxation of income earned in the y…