In the eight-year run-up to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), the coalition of consumer lenders driving this legislation won the public relations war for bankruptcy reform. With sometimes arrogant…

The forthcoming bankruptcy legislation poses considerable challenges for bankruptcy practitioners. There is little in the way of legislative history, and many commentators have noted the amended Code's lack of clarity and precision in a num…

How should a secured lender or lessor react when a borrower or lessee files a chapter 7 bankruptcy but continues to make payments? The creditor whose customer "rides through"—making payments and keeping the collateral or leased personalty, …

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…

The consumer debt counseling industry is at a crisis point. After avoiding the limelight for 30 years, debt counselors are finally receiving the scrutiny and evaluation that their importance to the public requires. Consumer Reports presente…

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…

Discharge of Unfiled Taxes under BAPCPA: No More "Super" Discharge? The basic concept of a chapter 13 bankruptcy filing historically was to allow individual debtors to reorganize their finances. The policy of giving the debtor a chance to h…

Congress decided that student loans are beneficial, and that the federal taxpayers' money should be used to guarantee their repayment. Congress even set up various programs over the years to allow students to obtain loans directly from the …