What Is a Briefing and Will It Reduce Filings
In order for an individual to be a debtor under BAPCPA, he or she must first comply with the credit counseling provisions of §109(h). Under this new provision, a debtor is required to receive an individual or group briefing from an approved nonprofit budget and credit
Legislative Update Finding a Loophole in the Means Test without Collusion Will Chapter 7 Involuntaries Be on the Rise
This month's Update continues the series of articles examining BAPCPA in detail. A centerpiece of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) is the means test, set forth in revised §707(b) 1 of the Code. 2 Although the mathematical
A Panel Trustees Ability to Uncover Potential Debtor Abuse Bankruptcy Law Meets the Fourth Amendment
In his remarks preceding the signing of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), President Bush asserted a need to restore "integrity to the bankruptcy process" by noting that "[i]n recent years, too many people have abused the
Congressional Campaigning Leaves Tithing Trustee Fee and Judges Salary Increases Hanging
The House and Senate sprinted to recess for the Nov. 7 elections without completing action on several pending clarifications to bankruptcy law. Bills covering issues ranging from the treatment of tithing to an increase in chapter 7 trustee fees and reforms pertaining to