Statute
BAPCPA
107 published works
Texas Bankruptcy Blog
How Will The Presidential Election Affect Bankruptcy
By Bryan Fears
In 2005, Congress passed sweeping changes to the federal Bankruptcy Code that placed heavy burdens and restrictions on debtors needing bankruptcy relief. The purpose of the Bankruptcy Abuse Prevention and…
Texas Bankruptcy Blog
Pro Se Debtor, Fool for a Client
By Bryan Fears
There’s an old expression in the legal community: a person who represents himself in court has a fool for a client. In most situations, a non-lawyer who represents himself in…
Civil Procedure & Federal Courts Blog
2011 Report on Consumer Bankruptcy Filings Released
By Civil Procedure & Federal Courts Blog
The report on consumer bankruptcies required by the Bankruptcy Abuse Prevention and Consumer Protection Act has been released for 2011. The highlights state, "1.3 million debtors filing for personal bankruptcy…
Bankruptcy Litigation Blog 2.0
Bankruptcy Tweets for July 2011 – Part I
Below are my twitter posts since my last post of June 27 of 41 recent posts of bankruptcy cases and commentary, along with 6 other items of general interest. RSS Feeds…
Texas Bankruptcy Blog
Pre-Bankruptcy Credit Counseling Requirement
By Bryan Fears
Individuals are required receive credit counseling from an approved agency within 180 days before the bankruptcy filing date. This requirement was enacted in 2005 as part of the Bankruptcy Abuse…
Bankruptcy Litigation Blog 2.0
Bankruptcy Tweets for April 2011 – Part II
More reported bankruptcy decisions now than any time ever. 30-70 decisions a day being reported compared to 10-25 in past years, with probably double or triple the number of commercial…
Bankruptcy Litigation Blog
Justice Scalia Won’t “Ransom” His Principles to Grant Justice Kagan a Unanimous First Opinion That Looks to BAPCPA’s “Text, Context, and Purpose” to Support a Dubious Result
When reading recent US Supreme Court opinions interpreting BAPCPA, the statute's manifest flaws are the "elephant in the room" (origins of phrase here), and Justice Kagan's recent opinion for the Court…
Bankruptcy Litigation Blog 2.0
US Supreme Court on Justice Holmes’ 169th B-day Holds in Milavetz that the Bankruptcy Code’s Speech Restrictions on Attorneys Do Not Turn Them into Ruthless Drones
Back in the good old days when bashing BAPCPA was in vogue, I posited here that BAPCPA's "debt relief agency" provisions "look more like an effort to create a consumer bankruptcy…
Bankruptcy Litigation Blog 2.0
Zywicki on the Chrysler Bankruptcy: Whither the Rule of Law?
[6/09/09 Update: See also my analysis of the Chrysler Sale Opinion (Part I) and (Part II).] Todd Zywicki, the University Foundation Professor of Law at George Mason University's School of…
Real Lawyers Have Blogs
Legal News – LexBlogosphere: 4/8/09
It's always tough getting back into a regular week after being away. I'm still trying to get the feel of things after spring break and the ABA TechShow. It's tough going back…