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RANDOM BANKRUPTCY FACTOIDS

The Means Test is the standard adopted in the 2005 amendments to the Bankruptcy Code to prevent individual high wage earners from filing a Chapter 7 liquidation. However, if more than half of the individual's debt is related to a failed business, the Means Test may not apply, thus making them eligible...

The Supreme Court's Holding in Stern v. Marshall: Analysis by Professor Kenneth N. Klee

In this Emerging Issues Analysis, Professor Kenneth N. Klee examines the Supreme Court's decision in Stern v. Marshall , 564 U.S. _____, 131 S. Ct. _____, 2011 U.S. LEXIS 4791 (2011), in which the Court struck down as unconstitutional 28 U.S.C. § 157(b)(2)(C) [ an annotated version of this statute...

New Scottish Law Allows a BRO from a BADAS(S)

The new Scottish bankruptcy law which will take effect in April contains some great acronyms, including BADAS and BRO. Unfortunately, the Bankruptcy and Debt Advice (Scotland) Act 2014 ("BADAS") is missing the second "s" which would make it a truly badass law. From my brief review...