BAPCPA at 10

Means Test Applies in a Chapter 7 Case Converted from Chapter 13, Circuit Rules

Eleventh Circuit relies on the ‘evolution’ of Section 707(b) to proscribe an evasion of the means test.

Court :

11th Circuit

Third Circuit Joins the Majority in the Split Over Late-Filed Tax Returns

Circuit split widens on an issue the Supreme Court has been ducking.

Court :

3rd Circuit

Courts Split on Allowing Credit Counseling on the Same Day but After Filing

Judge follows statutory language that didn’t achieve the result Congress intended.

Court :

4th Circuit

North Carolina

North Carolina Western District

Fifth Circuit Denies Exemption to Nonfiling Spouse for Home Owned Fewer than 1,215 Days

Community property homestead rights are lost if only one spouse files bankruptcy.

Court :

5th Circuit

Courts Divided on Electric Service as ‘Goods’ Under Section 503(b)(9)

Judge relies on physics in ruling that electricity qualifies as ‘goods.’

Court :

10th Circuit

Colorado

Why Are U.S. Retail Reorganizations So Hard?

Oct 2016

Bankruptcy Code

365

Topic Tags

BAPCPA at 10

Executory Contracts/Leases

Turnaround Issues

Benchnotes August 2016

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

Practice and Procedure

Consumer Bankruptcy

Business Reorganization

Unsecured Trade Creditors

Inside the Black Box: The Means Test at 10

Bankruptcy Code

Topic Tags

Making Chapter 12 More Viable for Family Farmers

Bankruptcy Code

Topic Tags

Chapter 12/Farm Cases

Most Courts Still Refusing to Discharge Taxes from Late-Filed Returns

Novel theory fails to persuade Boston judge to discharge taxes from late-filed returns.

Court :

1st Circuit

Massachusetts

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