Judicial Estoppel and Employment Discrimination Claims in Bankruptcy
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 number of amendments. There is
Empowerment of Creditor Rights Section 727 Denial of Discharge and the BAPCPA of 2005
Before enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) of 2005, the denial of discharge imposed against an individual chapter 7 debtor under §727 of the Bankruptcy Code was one of the most positive provisions available to creditors. The
Legislative Update Did BAPCPA Eliminate the Fourth Option for Individual Debtors Secured Personal Property
This month's Update continues the series of articles examining BAPCPA in detail. Courts have long struggled with the issue of whether the Code permits a "ride-through" for a chapter 7 debtor's secured personal property. In fact, this question of "whether a chapter 7