Statute
BAPCPA
107 published works
Bankruptcy Litigation Blog 2.0
Picks of the Month: Required Reading for October 2005
Here are our "Picks of the Month": a monthly reading guide to recently published articles of relevance to the bankruptcy practitioner, scholar, student, and Judge: Stephen M. Bainbridge, ABOLISHING LLC…
Wills, Trusts & Estates Prof Blog
The Interface Between the New Bankruptcy Laws and Delaware Asset Protection Trusts
In a concise article by Jeffrey T. Getty, President of the NatCity Trust Company of Delaware, the Effect of Bankruptcy Code Changes on Delaware Asset Protection Trust Opportunities is explained. …
Bankruptcy Litigation Blog 2.0
Bankruptcy Court Affirms Constitutionality of BAPCPA’s Deprizio Amendment
While I've spent quite of bit of time bashing BAPCPA, it's not all bad. One change, for example, that was long overdue was an amendment to the Bankruptcy Code that…
Bankruptcy Litigation Blog 2.0
Georgia Bankruptcy Court Rules Sua Sponte that Attorneys Admitted to Practice in the District are Not “Debt Relief Agencies” Under BAPCPA
In the first case to address who is (or is not) a "debt relief agency" under BAPCPA, an important question given the "new and significant restrictions on the activities of…
Bankruptcy Litigation Blog 2.0
NYT Reports on Concerns Regarding Potential Conflicts Spawned by BAPCPA’s Pre-Filing Credit Counseling Requirement
This New York Times story reports on the potential conflicts of interest at credit counseling firms, whose advice must (in all but emergency situations) be first sought by consumer debtors…
Bankruptcy Litigation Blog 2.0
Guess Who Might Benefit Most from BAPCPA?
With the effective date of the "Bankruptcy Abuse Prevention and Consumer Protection Act of 2005" (BAPCPA) fast approaching (October 17, 2005), this recent article from The National Law Journal provides…
Finance & Bankruptcy Law Blog
The Bankruptcy Act Adds New Chapter 15 to Govern Cross-Border Insolvency Cases
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 adds to the U.S. Bankruptcy Code a new Chapter 15 to govern cross-border cases. Chapter 15 represents a significant departure…