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In 1995, in Field v. Mans, 1 the U.S. Supreme Court held that the standard for creditor reliance in fraud cases under §523(a)(2)(A) is justifiable reliance. Although not a credit card case, the Court shed light on what type of investigation…
Editor's Note: For more analysis of automatic stay abuses and in rem orders, see Chaves, "In Rem Bankruptcy Refiling Bars: Will They Stop Abuse of the Automatic Stay Against Mortgagees?," 24 Cal. Bankr. J. 1 (Winter 1997). Among the many co…
The possibility of a bankruptcy filing has always affected the pre-bankruptcy conduct of both debtors and creditors. Yet several of the changes the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) made to the Bankrup…
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…
It is often said that variety is the spice of life. Well, it may be that there is too much spice in the judicial recipe for the debtor's redemption of an automobile pursuant to §722 of the Code. Statutory interpretation by the U.S. Bankrupt…