Tag archive for ‘BACPA’
BAPCPA and the Boiling Pot
by Steven Abelson on 6/15/10 | 0 Comment(s)
Part of any lawyer’s struggle is to explain complex and often abstract concepts of the law in terms understandable to the average person. I freely admit that I often fall short of that goal, but have adopted the use of numerous everyday analogies (some sillier than others) in this attempt. In my effort to explain [...]
The Hidden Cost of War: A Connection Between Afghanistan, Iraq, and the Rise of U.S. Personal Bankruptcies?
by Drew Broaddus on 6/11/10 | 0 Comment(s)
It has widely been reported that, despite a budding recovery, personal bankruptcies are still on the rise in the United States. (See, for example, this blog entry). Although Congress overhauled the nation’s bankruptcy laws in 2005 with the intention of limiting the ability of many individuals to get rid of their debt (see “How Important [...]
Bankruptcy and Appeals
by Drew Broaddus on 5/28/10 | 1 Comment(s)
In most consumer bankruptcies (i.e., non-business bankruptcies), there will be no adversary proceedings, challenges to discharge, or other contested issues and in turn, no issues for you or anyone else to appeal. However, every case is unique, and any bankruptcy could require the bankruptcy court to rule upon certain issues. If a party in interest [...]
Don’t Forget The Financial Management Course
by Moderator on 5/27/10 | 0 Comment(s)
Debtors need to remember that in order to receive their discharge they are obligated to take two courses. One course taken before filing is the famous credit counseling requirement. Before your case can be filed, you must certify to the Court that you’ve taken a course in credit counseling from an “approved agency” in the last [...]
Documentation Required to File for Bankruptcy
by Richard Stokan on 5/17/10 | 0 Comment(s)
In these economic times, more people with retirement accounts and significant assets are inquiring about filing for bankruptcy protection. One of the most frequent questions I am asked is what documentation do I need to file for bankruptcy? The simple answer is, if it is listed on the bankruptcy petition you need documentation. Although it [...]
“Current Monthly Income”
by Richard Stokan on 4/27/10 | 0 Comment(s)
When Congress enacted the Bankruptcy Abuse and Prevention Consumer Protection Act of 2005 (BAPCPA), it included a “means test” to determine whether a debtor qualifies for a Chapter 7 discharge. The means test is based on the annual median income for the household, and requires a the submission of a Statement of Currently Monthly Income [...]
Did Bankruptcy Reform Trigger the Housing Crisis?
by Drew Broaddus on 4/16/10 | 0 Comment(s)
As discussed in John Colwell’s recent contribution here, housing – which seems to be at the center of the current economic downturn – is a long way from a rebound, and foreclosures may actually increase in the coming months. After reading Mr. Colwell’s article, I decided to learn a little more about the subject and [...]
“Long Form” Means Testing: Qualifying for Chapter 7 When Your Income is Above the Median
by Drew Broaddus on 4/09/10 | 2 Comment(s)
Much has been written about the means test since it was enacted as part of the 2005 amendments to the Bankruptcy Code (also known as the BAPCPA). (For an excellent explanation of what the means test is, see Lori Patton’s recent contribution here). However, its application is often poorly understood by individuals who are considering [...]
Breaking Down the Milavetz Decision Part 1: Debt Relief Agency = Bankruptcy Attorney?
by John O'Connor on 3/21/10 | 1 Comment(s)
Consumer Bankruptcy Attorneys Fall Under BACPA’s Definition of Debt Relief Agencies Bad legislation makes for bad jurisprudence. After all that has been said and written following Justice Satomayor’s recent incursion into the consumer bankruptcy world, perhaps this is the single most important lesson to be learned. BACPA may be a terrible piece of legislation, however, popular [...]
Jay S. Jump is mentioned in Lawyers Weekly
by Jay Jump on 3/11/10 | 1 Comment(s)
As a result of a former blog entry on this website, Jay S. Jump, an attorney in Washington State, and a contributor to the National Bankruptcy Forum, was interviewed for Lawyers Weekly USA on the Milavetz decision handed down by the Supreme Court earlier this week. Click here to read the article.
