Statute
BAPCPA
107 published works
Georgia Bankruptcy Blog
One Year Later
By Sunghee Sohn
The BAPCPA, or at least most of it, is a year old today. The prevailing opinion of commentators and judges seems to be that it is, at best, confusing, and at…
Bankruptcy Litigation Blog 2.0
BAPCPA Outline: Parts VII through XVII — The End of the Outline, But the Cacophony Continues
Many have anxiously awaited more updates to my BAPCPA outline. But every time I'm about to turn to another section, some new decision, argument, or news bit distracts me from…
Bankruptcy Litigation Blog 2.0
Picks of the Month: Required Bankruptcy Reading for August 2006
Here are the "Picks of the Month" for August 2006, my monthly guide to recently published articles of relevance to the bankruptcy practitioner, scholar, student, and Judge: *** H. Joseph Acosta, THIRD…
Georgia Bankruptcy Blog
Law.com Article Discusses Another Case of “Absurd Results” Under BAPCPA
By Sunghee Sohn
Law.com has an article discussing yet another case in which the new BAPCPA laws create an absurd result likely not intended by Congress. See Judge Applies New Bankruptcy Law as…
Bankruptcy Litigation Blog 2.0
Nineteen Recent BAPCPA-Related Articles of Interest Available on SSRN
Time to take a break from BAPCPA case law outlines to consider some interesting BAPCPA-related scholarly articles that are available for downloading from the Social Science Research Network (sorted by SSRN ID No):…
Bankruptcy Litigation Blog 2.0
Picks of the Month: Required Reading for June 2006
Here are the "Picks of the Month" for June 2006, my monthly guide to recently published articles of relevance to the bankruptcy practitioner, scholar, student, and Judge: *** ABA Business Law Ad…
Georgia Bankruptcy Blog
Direct Appeal Provisions of BAPCPA Only Apply to Cases Filed After October 17, 2005.
By Sunghee Sohn
In In re Berman , No. AZ-06-1133 (June 12, 2006), the Ninth Circuit BAP held that the direct appeal provisions of the BAPCPA and interim rules were not effective upon…
Bankruptcy Litigation Blog 2.0
Texas District Court Rules that BAPCPA’s Section 526(a)(4) Unconstitutionally Restricts a “Debt Relief Agent’s” Free Speech Rights, But Section 527 Doesn’t
A month ago, as part of my continuing BAPCPA Consumer Outline series, I posted an outline section entitled Attorneys as 'Debt Relief Agencies' -- Court Decisions and Constitutional Challenges, in which…
Georgia Bankruptcy Blog
“Debt Relief Agency” Provision of BAPCPA Ruled Unconstitutional
By Sunghee Sohn
Credit Slips discusses an opinion entered yesterday, in which the court held the "debt relief agencies" provision are unconstitutional. The case is Hersch v. United States, No. 3:05-CV-2330-N (N.D. Tex.,…
Bankruptcy Litigation Blog 2.0
Picks of the Month: Required Reading for May 2006
Here are the "Picks of the Month" for May 2006, a monthly guide to recently published articles of relevance to the bankruptcy practitioner, scholar, student, and Judge: *** Robert V.…