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.
Attorney sanctioned for charged bankruptcy fee
By:
Pat Murphy
Published: October 12, 2010
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, Sanctions, “debt relief” agencies
An attorney who charged his retainer to a debtor’s credit card violated the new prohibition against bankruptcy lawyers advising clients to assume more debt to pay their legal fees, a U.S. Bankruptcy Court in Ohio has ruled.
Car talk at the Supreme Court
By:
Kimberly Atkins
Published: October 4, 2010
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, Elena Kagan, oral arguments, Supreme Court
WASHINGTON – The U.S. Supreme Court started its new term by wading into a murky area of bankruptcy law, trying to determine just how much of a vehicle deduction a Chapter 13 debtor can take for a car he or she owns free and clear.
Bankruptcy assets increased when 401(k) loan repaid
By:
Pat Murphy
Published: September 15, 2010
Tags: 401(k), 401(k) loans, Bankruptcy Abuse Prevention and Consumer Protection Act, BAPCPA, CHAPTER 13, post-petition income, unsecured creditors
Creditors are entitled to the benefits derived from a Chapter 13 debtor’s repayment of a loan from her 401(k) plan, the 6th Circuit Bankruptcy Appellate Panel has ruled.
Bankruptcy Code’s ‘debt relief’ clauses upheld
By:
Pat Murphy
Published: September 8, 2010
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, BAPCPA, debt relief agencies, First Amendment
The Bankruptcy Code’s new restrictions on “debt relief agencies” do not violate free speech protections, the 2nd Circuit has ruled.
Ineligible debtor may ‘commence’ bankruptcy case
By:
Pat Murphy
Published: August 27, 2010
Tags: automatic stay, Bankruptcy Abuse Prevention and Consumer Protection Act, credit counseling
A debtor may “commence” a bankruptcy case and receive the protection of the automatic stay – even though he has failed to meet the new credit counseling requirements for bankruptcy eligibility, the 2nd Circuit has ruled in reversing judgment.
Interactive map displays bankruptcy statistics by state
By:
Tony Ogden
Published: August 3, 2010
Tags: Administrative Office of the U.S. Courts, BACPCA, Bankruptcy Abuse Prevention and Consumer Protection Act, bankruptcy filings, bankruptcy statistics
Attorneys can now learn certain statistical information about bankruptcy filings in each state using a new interactive map from the Administrative Office of the U.S. Courts.
New job provides basis for debtor’s ‘income’
By:
Pat Murphy
Published: July 23, 2010
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, “look back” period
A Chapter 13 debtor’s disposable income should have been determined based on the salary he would be receiving in a new job rather than on his limited income during the Bankruptcy Code’s “look-back” period, the 6th Circuit has ruled in reversing judgment.
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