Consumer Bankruptcy

Discharging Health Education and Other Government-related Student Loans

Questions concerning what relief the Bankruptcy Code affords to persons seeking to discharge their government-related student loans are, in all likelihood, a common topic of discussion between most potential debtors and their bankruptcy counsel. While most bankruptcy

Consumer Bankruptcy Jan 11, 2017

Thoughts on the Local Legal Culture The Case of Consumer Chapter Choice

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 cases account for 70 percent of

Applicable Commitment Period Time or Money

Under the Bankruptcy Code prior to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), §1322(d), 1 "Contents of plan" stated: The plan may not provide for payments over a period that is longer than three years unless the court, for cause

Judgement Liens Homestead Exemptions and Involuntary Bankruptcies Who Gets What After BAPCPA

We've all heard the rationale for bankruptcy reform at cocktail parties and around the dinner table: Any deadbeat who runs up his bills can, before he pays up, run away and buy a house in Florida. The creditors can't touch his homestead. When the spendthrift files a