Statute
BAPCPA
107 published works
Bankruptcy Litigation Blog 2.0
Hope Springs Eternal in Chicago, Even for Bankruptcy Pros Struggling with BAPCPA
As every Cub fan is painfully aware, hope springs eternal around this time every year in Chicago. This year, of course, is notable because -- for the first time in…
Bankruptcy Litigation Blog 2.0
Say What? … Florida’s Judge Jay Cristol Waives Credit Counseling Requirement for Creole-Speaking Debtor Who Couldn’t Understand English
A recent comment here asked whether one can get away with getting credit counseling just one day in advance of the bankruptcy filing. The cases answer this question with a…
Wills, Trusts & Estates Prof Blog
Bankruptcy and Estate Planners
The American Bar Association Section of Real Property, Probate and Trust Law and the ABA Center for Continuing Legal Education is sponsoring a 90-minute teleconference and life audio webcast on…
Georgia Bankruptcy Blog
Is the BAPCPA a failure for consumers?
By Sunghee Sohn
The National Association of Consumer Bankruptcy Attorneys has released a study of over 61,000 consumers who sought credit counseling after October 17, 2005. The study concludes that "nearly all (97…
Bankruptcy Litigation Blog 2.0
Judge Markell Invokes Justice Antonin Scalia’s Canons of Statutory Construction Over the Philosophical Theories of Ludwig Wittgenstein in Resolving the Judicial Debate Over How to Close BAPCPA’s New “Mansion Loophole”
Bankruptcy Judge Bruce Markell, whose courtroom is in Las Vegas, has written extensively on bankruptcy law topics. His first article, written in 1988 following his becoming a partner in Sidley…
Bankruptcy Litigation Blog 2.0
Judge Monroe Tells It Like It Is: BAPCPA Is a Fiasco Because Congress Sold Out Individual Consumers to Special Interest Groups
Remember back in October 2005, in the week before BAPCPA became effective, when about 500,000 Americans from every race, color, and creed decided they'd be better off filing bankruptcy than…
Bankruptcy Litigation Blog 2.0
Georgia’s Bankruptcy Courts Split on Whether to Hold Sua Sponte that Attorneys Are Not “Debt Relief Agencies” under BAPCPA
As reported here, on October 17, 2005, the day BAPCPA went effective, Judge Lamar W. Davis, Chief Bankruptcy Judge of the Bankruptcy Court for the Southern District of Georgia, ruled…
Bankruptcy Litigation Blog 2.0
Seven BAPCPA-Related Working Papers Available for Downloading from SSRN
The following seven BAPCPA-related working papers can be downloaded from the Social Science Research Network: *** University of Arizona Law School's Jean Braucher, Rash and Ride-Through Redux: The Terms for…
Bankruptcy Litigation Blog 2.0
Judge Isgur Cites to the Gettysburg Address as Basis for Rejecting “First Blush” Interpretation of BAPCPA’s Multiple Serial Filer Stay Provisions
Houston's Bankruptcy Judge Marvin Isgur, the leading author of opinions of first impression interpreting BAPCPA's provisions as they relate to consumer debtors (see here, here (Charles case), here, and here),…
Bankruptcy Litigation Blog 2.0
Enron’s Retention Bonuses Avoided by Texas Court as Preferential Transfers and Intentional and Constructive Fraudulent Transfers
Thanks to Tom Kirkendall for his post on his Houston's Clear Thinkers blog to a 102 page opinion (available here also) issued by Dallas' Bankruptcy Judge Robert McGuire in a…