Statute
BAPCPA
107 published works
Bankruptcy Litigation Blog 2.0
BAPCPA Outline: Part V, Sections A-J: Credit Counseling — BAPCPA’s Exercise in Futility
This seventh post of the BAPCPA Consumer Bankruptcy Outline for cases decided between 6/1/05 and 5/31/06 addresses one of BAPCPA's worst provisions, the requirement that all consumer debtors obtain credit counseling in…
Bankruptcy Litigation Blog 2.0
BAPCPA Outline: Part IV, Sections A-N: Homestead Exemptions — “To Cap or Not to Cap?” — That’s No Longer a Question
This sixth post of the BAPCPA Consumer Bankruptcy Outline for cases decided between 6/1/05 and 5/31/06 addresses homestead exemptions. As reported here, this area absorbed a signficant amount of judicial energy in…
Bankruptcy Litigation Blog 2.0
BAPCPA Outline: Part III, Sections A & B: Attorneys as “Debt Relief Agencies” — Court Decisions and Constitutional Challenges
This fifth post of the BAPCPA Consumer Bankruptcy Outline addresses the issue of attorney liability under BAPCPA arising from the new "debt relief agency" provisions of Sections 526, 527, and 528…
Bankruptcy Litigation Blog 2.0
BAPCPA Outline: Part II, Sections A & B — The Hanging Paragraph: Section 1325(a)(*) — The “Car Loan Protection” Provision: The Law of Intended and Unintended Consequences
This fourth post of the BAPCPA Consumer Bankruptcy Outline for cases decided between June 1, 2005 and May 31, 2006 addresses the so-called "hanging paragraph" at the end of Section 1325(a),…
Georgia Bankruptcy Blog
NDGa – In a Case of First Impression, Judge Massey Confirms Ch. 13 Plan Based on Actual Post-Petition Income and Not “Current Monthly Income” As Defined By BAPCPA
By Sunghee Sohn
In In re Clemons, Chapter 13 Case No. 05-85163 (Bankr. N.D.Ga. June 1, 2006), the Chapter 13 Trustee objected to the debtors plan pursuant to section 1325(b) because the plan…
Finance & Bankruptcy Law Blog
Ninth Circuit BAP Holds That Direct Appeal Provision Only Applies To Bankruptcy Cases Commenced On Or After October 17, 2005
On June 12, 2006, the United States Bankruptcy Appellate Panel of the Ninth Circuit, in Berman v. Maney, (In re Berman), BAP No. AZ-06-1133, held that the direct appeal provision of the…
Bankruptcy Litigation Blog 2.0
“Plain Meaning” Through Bankruptcy Bifocals: A Surprising Coalition Joins Justice Ginsburg in Narrowing the Bankruptcy Code’s “Plain Meaning” in Howard Delivery v. Zurich
Yesterday's Supreme Court head-scratcher is Howard Delivery Serv., Inc. v. Zurich American Ins. Co., 2006 WL 1639224 (pdf), a delightful opinion in which Justice Ruth Bader Ginsburg (for a majority that surprisingly included Justices Scalia…
Georgia Bankruptcy Blog
Everything You Wated to Know About the BAPCPA
By Sunghee Sohn
Steve Jakubowski at the Bankruptcy Litigation Blog has put together an incredible resource on consumer BAPCPA cases and issues. You can find the outline here, and link to the various…
Bankruptcy Litigation Blog 2.0
BAPCPA Outline: Part I, Section C – Judicial Commentary: Attempts at Uniformity
This third post of the BAPCPA Consumer Bankruptcy Outline addresses attempts at uniformity by the bench in rendering decisions on BAPCPA's confusing laws. These attempts have been manifested in various forms,…
Bankruptcy Litigation Blog 2.0
BAPCPA Outline: Part I, Section B – Judicial Commentary: BAPCPA’s “Plain Meaning” Not Followed
This second post, corresponding to Part I, Section B of the BAPCPA / Consumer Bankruptcy Law Outline is titled: BAPCPA's "Plain Meaning" Not Followed. This section points to 5 cases over the…