Statute
BAPCPA
107 published works
Bankruptcy Litigation Blog 2.0
4th Circuit Overrules Judge Small And Holds That Ordinary Commodity Supply Contracts Fall Within BAPCPA’s “Swap Agreement” Amendments
In June 2007, I wrote here about Judge Small's opinion that BAPCPA's expanded "safe-harbor" definition of "swap agreement" did not apply to ordinary supply agreements in which a seller and…
Bankruptcy Litigation Blog 2.0
Recent Bankruptcy-Related Articles of Interest Available for Downloading from SSRN
Here are some general bankruptcy related articles of interest that are available for downloading from SSRN. Their abstracted summaries follow: *** UNLV's Nancy B. Rapoport and Forensics Consulting Solutions' Roland…
Bankruptcy Litigation Blog 2.0
Picks of the Month: Required Bankruptcy Reading for September 2007
As everyone watching this year's entertaining (and sleep-depriving) Beijing Olympics knows, records are made to be broken. Blogging records are no exception, with my latest post on Judge Markell's bombshell…
Georgia Bankruptcy Blog
6th Circuit: Means Test Does Not Violate U.S. Constitution
By Scott Riddle
By: Scott B. Riddle, Esq. In Schultz v. United States, 2008 WL 2229495 (6th Cir. June 12, 2008) (pdf opinion here), the debtor argued that the Means Test violates the…
In The (Red)®
Northern District of California Bankruptcy Court Local Rule Amendments Take Effect May 1, 2008
As previously reported, in August 2007 the Bankruptcy Court for the Northern District of California proposed amendments to the Bankruptcy Local Rules designed to implement the changes made by the…
In The (Red)®
Two Ways To Get The Updated Bankruptcy Code Online For Free
Looking for a free, online and updated version of the entire Bankruptcy Code, reflecting the amendments made by the Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA")? Now there are two ways…
Georgia Bankruptcy Blog
BusinessWeek: “Bankruptcy Reform Bites Back” And Leads To Spike In Foreclosures
By Sunghee Sohn
A recent article in BusinessWeek, entitled "Bankruptcy Reform Bites Back," raises the issue of whether the 2005 BAPCPA amendments to the Bankruptcy Code has had a major impact on the…
In The (Red)®
The Terrible Twos? A Look At BAPCPA’s Impact On Business Bankruptcy Cases At Its Second Anniversary
Tomorrow, October 17, 2007, marks the second anniversary of the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, known as BAPCPA. BAPCPA was enacted primarily to…
Labor Law Prof Blog
GAO on The Treatment of Pension and Health Benefits in Chapter 11 Bankruptcy
The General Accounting Office (GAO) has put out an important report entitled: Employer-Sponsored Benefits: Many Factors Affect the Treatment of Pension and Health Benefits in Chapter 11 Bankruptcy.The report was…
In The (Red)®
Lack Of Recognition: New Case Shows That Chapter 15 International Bankruptcy Protection Isn’t Automatic
On August 30, 2007, in twin decisions in recent cases involving two Bear Stearns hedge funds (available here and here), Judge Burton R. Lifland of the U.S. Bankruptcy Court for…