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Editor's Note: Part I was featured in the November 2006 ABI Journal. This part of the article examines the correlation of the following economic indicators to the non-business bankruptcy filing rate (per 1,000 population). I have chosen var…
Not surprisingly, "good faith" is an important theme in, and even a prerequisite to, the "fresh start" offered by bankruptcy. Among the Bankruptcy Code's requirements for confirmation of a chapter 13 plan is that it be proposed in good fait…
Debtor Not Estopped from Pursuing Inadvertently Unscheduled Claim In Best v. Kroger Co., 339 B.R. 180 (W.D. Tenn. 2006), a former chapter 13 debtor failed to schedule a pre-petition Title VII claim for sexual harassment and constructive dis…
This article challenges the conclusions set forth in Justin H. Dion's article, "Timing Is Everything...or Is It?: Cortez Challenges the 'Snapshot' Approach to Analyzing Abuse Pursuant to §707(b)," 1 which appeared in the October 2006 issue …
This article honors (or dishonors) one of bankruptcy's greatest pieces of literature, A Christmas Carol, by Charles Dickens. 1 Early in the story, one of the most famous individual debtors in history, Jacob Marley, the former partner of Ebe…