Happy Birthday to the “means test,” enacted in 2005 and the centerpiece of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA).[1] In chapter 7 cases, the means test stands for the general proposition that consumers with the “means” to repay some or all of their debts are barred from filing.
The Supreme Court’s opinion in Taggart v. Lorenzen[1] articulated an objective standard for determining whether a party should be held in civil contempt for a violation of the discharge order.[2] In light of Taggart’s recent one-year anniversary, we are revisiting the Supreme Court’s opinion and cases that have applied it.
Recap of Taggart
The automatic stay is one of the most extraordinary features of the Bankruptcy Code,[1] and the scope of the prohibition against the initiation or continuation “of a judicial, administrative, or other action or proceeding against the debtor” is extremely broad.[2] While the stay may be terminated by order of the bankruptcy court pursuant to § 362(d) of the Bankruptcy Code, the Supreme Court recently held that a bankruptcy court’s denial of relief from stay is a final, appealable order.
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The “hanging paragraph” found at § 1325(a)(9) of the Bankruptcy Code is well known. This provision prevents the bifurcation of certain secured claims if the creditor holds a purchase money security interest (PMSI) in collateral acquired by the debtor within certain pre-petition time periods. Section 1325(a)(9) provides:
This webinar will discuss how new Bankruptcy Student Loan Management Programs are helping debtors solve their student loan issues. The webinar will cover the issues affecting debtors and their student loans as well as the solutions and tools the courts are implementing.
Richard Cole (rcole3@gmail.com) and Jon Lieberman (jon.lieberman@sottileandbarile.com), co-chairs of the ABI Consumer Committee, would like to thank all of the committee members and leaders who have made 2019 a most productive and exciting year. Our committee officers are vital to the success of the committee throughout the year, and information about our committee leadership is listed below.
