Statute
BAPCPA
107 published works
Bankruptcy Litigation Blog 2.0
The “Mother of All BAPCPA Consumer Bankruptcy Law Outlines,” Soon Available for Your Reading Pleasure
Early this spring, when BAPCPA bashing had become "so very smashing!" (culminating in this post about the latest BAPCPA bashing opinion), I returned to my desk one sunny afternoon and…
Bankruptcy Litigation Blog 2.0
Everything Starts Somewhere: DSI’s Catherine Vance Unlocks the Mystery Behind the Origin of BAPCPA’s Section 1102(b)(3), Which Requires a Creditors’ Committee to Provide Creditors with Access to Information and a Ready Ear – Part I
Catherine E. Vance, DSI's research and policy guru, is as steeped in the legislative history of BAPCPA as you'll find. During BAPCPA's most formative and "tumultuous years," starting in 1998,…
Georgia Bankruptcy Blog
NACBA Files Suit to Enjoin Enforcement of BAPCPA Against Attorneys
By Sunghee Sohn
The National Association of Consumer Bankruptcy Attorneys and the Connecticut Bar Association have filed a lawsuit in federal court in Connecticut to enjoin the enforcement of certain provisions of the…
Finance & Bankruptcy Law Blog
New Report Examines the Effect of BAPCPA
The National Association of Consumer Bankruptcy Attorneys (NACB) has issued a report that provides the first analysis of over 60,000 consumers who have filed for bankruptcy protection since the enactment…
Georgia Bankruptcy Blog
Ineligibility To File Under 11 U.S.C. 109(h) — To Dismiss Or To Strike?
By Sunghee Sohn
(Updated August 14, 2006 - See Below) As Bankruptcy Courts may have reached the point where they are entertaining individuals' second petition filed under the BAPCPA, the distinction between dismissing…
Bankruptcy Litigation Blog 2.0
BAPCPA and FDCPA: A Consumer Bankruptcy Lawyer’s “Bramble Bush”
The famed early English jurist Henry De Bracton (1210-1268), cited in Alden v. Maine, 527 U.S. 706, 764 nn.3-4 (1999) as the "earliest source for the common law immunity of…
Georgia Bankruptcy Blog
Update on cases decided under the BAPCPA
By Sunghee Sohn
David Rosendorf has posted several new articles in his ABI BAPCPA Blog, each of which is very informative. In the first article, Chapter 13 Plans, Substantial Abuse and Related Issues…
Bankruptcy Litigation Blog 2.0
Judge Isgur Holds that the Automatic Stay Doesn’t Apply to Ineligible Debtors Under BAPCPA Who Failed to Get Credit Counseling
Houston's Bankruptcy Judge Marvin Isgur again takes the forefront in interpreting BAPCPA's thorny provisions (as he did here, here, and here), this time issuing a controversial opinion on whether the…
Bankruptcy Litigation Blog 2.0
7 BAPCPA Related Papers Available for Downloading from SSRN
The following BAPCPA related working papers can be downloaded from the Social Science Research Network: *** Univ. of Wisconsin's Jodi L. Bellovary & Marquette Univ.'s Don E. Giacomino & Michael…
Bankruptcy Litigation Blog 2.0
Denver’s Judge Sidney Brooks Joins the BAPCPA Bashing Bandwagon as the Litigants Submit Poetic Dirges Lamenting BAPCPA’s Incomprehensibility
Add Bankruptcy Judge Sidney Brooks, Chief Judge for the Bankruptcy Court for the District of Colorado, to the growing list of prominent judges (such as those mentioned here (Judge Monroe),…