Chapter 13 plan satisfied ‘good faith’ standard 
Published: April 1, 2013
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, CHAPTER 13
The Bankruptcy Abuse Prevention and Consumer Protection Act prohibited the consideration of debtors’ Social Security income in determining whether their Chapter 13 plan was proposed in good faith, the 9th U.S. Circuit of Appeals has ruled in affirming judgment.
Chapter 11 debtors subject to ‘absolute priority rule’
Published: January 18, 2013
Tags: absolute priority rule, Bankruptcy Abuse Prevention and Consumer Protection Act, Chapter 11
The 2005 amendments to the Bankruptcy Code did not exempt individual Chapter 11 debtors from the application of the absolute priority rule, the 10th Circuit has ruled in reversing judgment.
Divorce obligation can’t be discharged in bankruptcy
Published: January 2, 2013
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, Bankruptcy Code, BAPCPA, Chapter 7, divorce, U.S. Bank
A divorced man’s obligation to pay off a marital debt in the form of a line of credit was not discharged in his bankruptcy case, the Missouri Court of Appeals has ruled in reversing judgment.
Chapter 7 case dismissed for ‘abuse’
Published: December 17, 2012
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, Chapter 7, means test
Chapter 7 debtors could have their case dismissed based on a finding that they “abused” the process by attempting to retain certain luxury items they could have sold to help satisfy their debts, the 11th Circuit has ruled in affirming judgment.
Divorce obligation wasn’t discharged in bankruptcy
Published: December 11, 2012
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, Chapter 7, taxation
A divorced woman’s obligation to pay 50 percent of her ex-husband’s federal income taxes was not discharged in her Chapter 7 case, the New Hampshire Supreme Court has ruled in reversing judgment.
Debtor’s kids didn’t count as full ‘household’ members
Published: July 13, 2012
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, CHAPTER 13
A debtor could not count each of her children and step-children as full members of her “household” when calculating her disposable income under the Bankruptcy Abuse Prevention and Consumer Protection Act, the 4th Circuit has ruled.
‘Absolute priority’ survived bankruptcy reform
Published: June 21, 2012
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, bankruptcy reform, cram down
The latest reform of the Bankruptcy Code did not eliminate the long-standing rule protecting dissenting creditors when there’s a “cram down” under the Chapter 11 plan of an individual debtor in possession, the 4th Circuit has ruled in affirming judgment.
Debtor understated projected disposable income
Published: March 9, 2012
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, CHAPTER 13
A Chapter 13 debtor’s projected disposable income should not have been reduced by monthly installment payments that she in fact would not be making, the 4th Circuit has ruled in reversing judgment.
Bankruptcy filings down in 2011
Published: February 9, 2012
Tags: Bankruptcy, Bankruptcy Abuse Prevention and Consumer Protection Act
WASHINGTON – The number of new bankruptcy filings fell during the 2011 calendar year.
Bankruptcy filings fall for first time since abuse act of 2005
By:
Kimberly Atkins
Published: November 16, 2011
Tags: Administrative Office of the U.S. Courts, Bankruptcy Abuse Prevention and Consumer Protection Act, bankruptcy filings
WASHINGTON – The number of bankruptcy cases filed in fiscal 2011, the 12-month period that ended in September, dropped 8 percent over the year before – the first decline since the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 took effect.
