The choice of chapter by consumer filers cannot be reliably predicted by economic differences among jurisdictions or by legal differences such as the variance in state exemption levels. 2 In order to explain why, for example, chapter 13 cas…
Financing the American Dream, subtitled "A Cultural History of American Credit," takes a hard look at the effect that consumer credit facilities have on the social values in modern American culture. The author, an assistant professor of his…
Earlier this year, the Fifth Circuit Court of Appeals took the unusual step of granting a rehearing en banc to determine the standard for non-dischargeability of credit card debt in In re Mercer, 246 F.3d 391 (Miss. 2001). The rehearing fol…
Pursuant to 28 U.S.C. §1930, all chapter 7 debtors are currently required to pay a filing fee, although some debtors pay the fee in installments. For the first time, under S. 420 and H.R. 333, the court may waive payment of the filing fee i…
Dear Editor: A study by Thomas Neubig of Ernst & Young in July took issue with the bankruptcy gender analysis that Teresa A. Sullivan and Elizabeth Warren prepared. Neubig hoped that his more "accurate information" would "provide the fo…
This month we profile Robert T. Ladd, who was elected to the ABI Board of Directors in May. A CPA, Mr. Ladd is a partner with Arthur Andersen LLP in Houston and Southwest Regional Director of the firm's Corporate Recovery Services and Corpo…
Editor's Note: Part II of this article will be published in the March 1999 ABI Journal. One of the more interesting interactions between the Bankruptcy Code and the Uniform Commercial Code (UCC) is the treatment of the reclaiming seller. Ba…
Attention Homeowner: Save your homes—stop foreclosure now! Before you file bankruptcy, call me first. We refinance mortgages regardless of your credit history!" Unless your home has been listed for foreclosure, you've probably never receive…
To most people who are not insol-vency professionals, bankruptcy is a specialty, a discrete area of law. Insolvency experts, however, know that bankruptcy is one of the most generic of subjects, impacting virtually every legal discipline as…
Josefina Fernandez McEvoy, co-founder of Markowitz Fernandez & Uriarte, Los Angeles, has been involved in virtually all facets of bankruptcy law and representing both creditors and debtors. Much of her work has involved complex cases su…