arlier 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 foll…

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…

The article "Planning for Change: Credit Counseling at the Threshold of Bankruptcy" (last month's ABI Journal) by Gordon Bermant and Ed Flynn of the EOUST elevates the dialogue about credit counseling agencies and their place in a new world…

The grounds for setting aside reaffirmation agreements are limited after the time to rescind has expired. Reaffirmation agreements are not favored by bankruptcy courts and are strictly construed based on conventional contract principles. 1 …

Some have described the term "Market Rate of Interest" as being similar to pornography: You can't define it, but you know it when you see it. The courts have been struggling with the application of market rate of interest to undersecured cl…