Judgment creditor’s lien on homestead unenforceable 
Published: October 7, 2011
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, homestead exemption, lien
A judgment creditor did not have an enforceable lien against the proceeds of the sale of a debtor’s home in excess of the $125,000 homestead exemption claimed in the debtor’s bankruptcy case, the 5th Circuit has ruled in reversing judgment.
Debtor met deadline for assuming lease in bankruptcy
Published: October 3, 2011
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act
A debtor met the bankruptcy deadline for assuming a nonresidential real property lease by filing a motion to assume the lease within the allotted time, the 6th Circuit Bankruptcy Appellate Panel has ruled in affirming judgment.
Poverty guidelines posted for waiver of bankruptcy fees
Published: May 19, 2011
Tags: Administrative Office of the U.S. Courts, Bankruptcy Abuse Prevention and Consumer Protection Act, Bankruptcy Code, BAPCPA, CHAPTER 13, Chapter 7, filing fees, Poverty Guidelines
The office overseeing the federal judiciary has posted new poverty guidelines for the waiver of filing fees in certain bankruptcy cases.
Bankruptcy case could be dismissed for ‘abuse’
Published: May 4, 2011
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, Chapter 7
A Chapter 7 case could be dismissed based on evidence that the debtors had adequate resources to pay their debts and otherwise were abusing the bankruptcy process, the 4th Circuit has ruled in affirming judgment.
Bankruptcy filings continue rise, but at slower rate
By:
Kimberly Atkins
Published: February 21, 2011
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, bankruptcy filings
WASHINGTON – Continuing a five-year upward trend, bankruptcy filings rose 8 percent in calendar year 2010 according to recent data from the Administrative Office of the U.S. Courts.
Bankruptcy Act’s ‘income test’ creates split in courts
By:
Correy Stephenson
Published: February 18, 2011
Tags: above-median debtors, Bankruptcy Abuse Prevention and Consumer Protection Act, BAPCPA, CHAPTER 13, National Consumer Law Center, projected disposable income test
It’s been six years since the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act, and courts across the country continue to struggle with the application of the “projected disposable income test.”
Bankruptcy repayment plan has minimum duration
By:
Pat Murphy
Published: February 7, 2011
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, CHAPTER 13
A Chapter 13 bankruptcy plan involving “above median” debtors could not be approved without providing for the payment of unsecured claims for a minimum period of 60 months, the 6th Circuit has ruled.
Court’s bankruptcy decision will require ‘creative strategies’
By:
Correy Stephenson
Published: January 14, 2011
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, BAPCPA, CHAPTER 13, means test, NACBA, National Association of Consumer Bankruptcy Attorneys, Supreme Court
Justice Elena Kagan’s first opinion as a member of the U.S. Supreme Court limited the ability of debtors to take a key deduction and will require strategic planning by bankruptcy practitioners to limit its impact.
Consumer bankruptcies rise in 2010
By:
Kimberly Atkins
Published: January 6, 2011
Tags: Bankruptcy, Bankruptcy Abuse Prevention and Consumer Protection Act, consumer bankruptcy, Federal courts
WASHINGTON – Consumer bankruptcy filings rose 9 percent in 2010, according to a new report by the American Bankruptcy Institute.
Chapter 13 debtor entitled to vehicle expense
By:
Pat Murphy
Published: October 22, 2010
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, projected disposable income
A Chapter 13 debtor who had no loan or lease payments was still entitled to deductions for expenses associated with his vehicles, the 1st Circuit Bankruptcy Appellate Panel has ruled in reversing judgment.
