While the National Bankruptcy Review Commission (NBRC) is considering wholesale changes to reaffirmation procedures, including what debts can be reaffirmed, [1] it is imperative that Congress resolve a split among the circuits over the issu…

For a number of years, bankruptcy courts have been wrestling with the issue of the status of a debtor's chapter 13 estate once a plan of reorganization has been confirmed. Not surprisingly, the resolution of this issue works a significant i…

Saving a principal residence from foreclosure and curing a mortgage arrearage are key reasons why many debtors file for chapter 13. While paying a home mortgage arrearage through a chapter 13 plan can cure that pre-petition arrearage, a hom…

In the uninformed rush by Congress to prevent bankruptcy abuse, §1325(a) of the Bankruptcy Code was amended by BAPCPA 1 to include a hanging paragraph at the end of §1325(a)(9). This insertion, which refers back to §1325(a)(5), states the f…

Defendant Knowledge No Substitute for Service of Complaint Rule 4(m) of the Federal Rules of Civil Procedure requires dismissal without prejudice or service by a date specific unless a summons and complaint is served within 120 days of the …

The concept of a "needs-based" consumer bankruptcy law has generated numerous reactions, studies and debates. Most of these have focused on the need for a change in the bankruptcy system's approach to granting relief to consumer debtors, th…