Recent Posts

Fifth Circuit Adopts Literal Reading of Exemption Statute
Posted on 24 Jan 2011 by Stephen Sather

One of the reforms adopted by BAPCPA was to increase the amount of time a person had to spend in a state before he could take advantage of that state's exemptions. Under 11 U.S.C. Sec. 522(b)(3)(A), a person must live in a state for 730 days to... Read More

Unhappily Ever After: Family Law Issues in Bankruptcy
Posted on 3 Nov 2010 by Stephen Sather

This paper was originally presented to the West Texas Bankruptcy Institute on October 29, 2010. Love and marriage, Love and marriage Go together Like a horse and carriage This I tell you brother You can't have one without the other ... Read More

Yra Harris on How BAPCPA Has "Flown Back in the Banks' Faces Good and Hard"
Posted on 31 Aug 2010 by Steve Jakubowski

With little fanfare, Yra Harris, a veteran trader of Chicago's pits, started blogging his Notes From the Underground last December. I learned about it last month from a good friend of his, and strongly recommend it to you. Yra is a frequent guest... Read More


US Supreme Court on Justice Holmes' 169th B-day Holds in Milavetz that the Bankruptcy Code's Speech Restrictions on Attorneys Do Not Turn Them into Ruthless Drones
Posted on 9 Mar 2010 by Steve Jakubowski

Back in the good old days when bashing BAPCPA was in vogue, I posited here that BAPCPA's "debt relief agency" provisions "look more like an effort to create a consumer bankruptcy lawyer clone who, much like the ever-multiplying... Read More

National Conference of Bankruptcy Judges--10/14/11--The Long and the Short of It
Posted on 21 Oct 2011 by Stephen Sather

The Long and Short of It: Financial Engineering Meets Chapter 11 was one of the more esoteric presentations at the conference with an unusual lineup of panelists. The group included New York Bankruptcy Judge James Peck, investment banker David Barse... Read More

Yet Another Hanging Paragraph Creates a Taxing Situation
Posted on 23 Jan 2012 by Stephen Sather

A pair of new opinions suggests that dischargeability of taxes is even more complicated subsequent to BAPCPA. In Matter of McCoy , No. 11-60146 (5th Cir. 1/4/12), which can be found here [ an enhanced version of this opinion is available to lexis... Read More