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.
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 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.”
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.
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.
Auto lender doesn’t have secured claim in bankruptcy
By:
Pat Murphy
Published: July 20, 2010
Tags: "hanging paragraph", Bankruptcy Abuse Prevention and Consumer Protection Act, BAPCPA
An auto lender did not have a secured claim in bankruptcy for the negative equity on the debtor’s trade-in vehicle, the 9th Circuit has ruled in affirming judgment.
BANKRUPTCY
By:
Pat Murphy
Published: June 7, 2010
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, BAPCPA, CHAPTER 13, projected disposable income
A Chapter 13 debtor’s “disposable income” was not necessarily confined to what she earned during the six months preceding the filing of her bankruptcy petition.
See “Court adopts ‘forward-looking’ bankruptcy test”
U.S. Supreme Court. Hamilton v. Lanning, No. 08-998. June
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Court adopts ‘forward-looking’ bankruptcy test
By:
Pat Murphy
Published: June 7, 2010
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, BAPCPA, CHAPTER 13, projected disposable income
A Chapter 13 debtor’s “disposable income” was not necessarily confined to what she earned during the six months preceding the filing of her bankruptcy petition, the U.S. Supreme Court has ruled.
Lawyers line up with creditors as their clients go bankrupt
By:
Sylvia Hsieh
Published: March 24, 2010
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, bankruptcy filings, BAPCPA, CHAPTER 13, unsecured debt
As more individuals and businesses succumb to bankruptcy, lawyers will have to get in line with other creditors to recover their legal fees.
