Consumer Bankruptcy

DRAs: Has The Bull Really Been Thrown?

With his decision in In re Attorneys at Law and Draft Relief Agencies, 332 B.R. 66, (Bank. S.D. Ga. 2005), on the applicability of the Debt Relief Agency provisions to attorneys, Judge Lamar W. Davis Jr.

With Regard to the Income of a Bankrupt’s Nonfiling Spouse: Will BAPCPA's "CMI" Become an Acronym for “Clearly Misinterpreted”?

Once the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) goes into effect, a critical computation for any consumer bankruptcy case will be the debtor's "current monthly income" (CMI).

Homestead Exemptions and Limits under BAPCPA

Facts:

Adequate Protection in Chapter 13 Cases under the New Code §1326(a)

Has Learned Hand Finally Come Home?

We Are a Debt Relief Agency

One provision added by BAPCPA 2005 that will impact all attorneys who represent consumer debtors is that concerning Debt Relief Agencies (“DRA”).

When Is an Attorney Not an Attorney?

    All ye attorneys, lend me your ear
          For tis bad tidings of which I fear
               I am the bearer

Arizona Bankruptcy Court Rules Homestead Exception Cap Not Applicable in Opt-out States

In the first published opinion interpreting a provision of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”), Judge Randolph Haines has held that the limitation on homestead exemption amounts contained in §522(p) is inapplicable in states that do not permit their residents to elect federal exemptions. In

Statement of Intent Under New Code §521(a)(2) and (a)(6) or “Who Gets the Car?”

Assume the following facts:

Statement of Intent Under New Code §521(a)(2) and (a)(6) or “Who Gets the Car?”

Assume the following facts:

Comprehensive Planning and Training Among Keys to Managing Bankruptcy Cases

Creditors in the consumer credit industry face many challenges in managing bankrupt accounts. Five components to the successful management of bankruptcy cases are: