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Report: Bankruptcy reforms spurred mortgage crisis (access required)

By: Kimberly Atkins
Published: May 13, 2010

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WASHINGTON – Bankruptcy law reforms enacted in 2005 were a major factor in the ensuing mortgage crisis and current recession, according to a recently released report by a team of economists.

March bankruptcy filings hit highest total since reform (access required)

By: Reni Gertner
Published: April 8, 2010

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Consumer bankruptcy filings hit the highest monthly total in March since the 2005 bankruptcy reform law went into effect, according to the American Bankruptcy Institute.

High Court ruling that lawyers are ‘debt relief agents’ gets mixed reaction (access required)

By: Kimberly Atkins
Published: March 10, 2010

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WASHINGTON – Bankruptcy attorneys may be more careful about how they advise their clients after the U.S Supreme Court’s holding this week that the communication and disclosure rules that apply to debt relief agents also apply to them.

Bankruptcy on the docket at the Supreme Court (access required)

By: Reni Gertner
Published: November 23, 2009

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Two cases likely to have a big impact on bankruptcy law practice are set to be argued before the justices of the U.S. Supreme Court next week.

Bankruptcy filings continue to rise (access required)

By: Reni Gertner
Published: October 6, 2009

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Consumer bankruptcy filings surpassed 1 million – reaching a total of 1,046,449 filings – in the first nine months of 2009, according to the America Bankruptcy Institute in Washington.

ABA files brief in ‘debt relief agency’ case (access required)

By: Reni Gertner
Published: September 3, 2009

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The American Bar Association has filed an amicus brief before the U.S. Supreme Court, arguing that the bankruptcy reform law that restricts advice given to debtors by “debt relief agencies” should not apply to attorneys.

Supreme Court to rule on bankruptcy reform law (access required)

By: Correy Stephenson
Published: June 11, 2009

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Less than four years after the new bankruptcy reform law went into effect, the U.S. Supreme Court has granted certiorari to determine the constitutionality of some of the Act’s most controversial provisions.

Is a bankruptcy attorney a ‘debt relief agency’? (access required)

By: Sylvia Hsieh
Published: June 8, 2009

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The U.S. Supreme Court has agreed to decide whether a bankruptcy attorney is a “debt relief agency” and whether disclosure provisions in the 2005 bankruptcy reform law are constitutional.

Under the statute, debt relief agency is defined as “any person who provides any bankruptcy assistance to an assisted person in return for the payment of money or other valuable consideration, or who is a bankruptcy petition preparer.” (11 U.S.C. §526)

Bankruptcy attorneys continue to speak out about Act’s limits (access required)

By: Reni Gertner
Published: May 14, 2009

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Consumer bankruptcy attorneys are voicing their opposition to two main provisions of the 2005 bankruptcy reform law that continue to affect their practices.

‘Cramdown’ measure not likely to be considered (access required)

By: Reni Gertner
Published: April 27, 2009

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After much debate, a provision allowing bankruptcy judges to modify the terms of some mortgages is expected to be stripped out of the housing bill the Senate is considering later this week.

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