looking" approach could be used in calculating "projected disposable
income" (PDI) under 11 U.S.C.S. § 1325(b)(1)(B) as courts had discretion
to account for known or virtually certain changes in a debtor's income. Use of
Chapter 13 debtor's...
Absent definitive decisions in the applicable Circuit, bankruptcy chapter 12 debtors should consider pursuing a strategy of partial liquidation, paying available proceeds to secured lenders, and then utilizing the bankruptcy to deal with the taxes that typically accompany liquidation. But they should...
WASHINGTON, D.C. -- A debtor who contends that the Bankruptcy Code provides for a deduction of vehicle ownership costs regardless of whether the debtor owns a vehicle and a creditor who objects to that deduction presented their arguments at the U.S. Supreme Court on Oct. 4, with both insisting that the...
This paper was originally presented to the West Texas
Bankruptcy Institute on October 29, 2010.
Love and marriage,
Love and marriage
Like a horse and carriage
This I tell you brother
You can't have one without the other
While love and marriage may go...
In this Emerging Issues commentary, Adam C. Rogoff discusses the new health care provisions in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. Some of the regulations concern patient record disposal, patient transfers to other health care facilities, appointment of a patient care...
Professor Eli Wald examines the
Supreme Court's decision on whether attorneys are "debt relief
agencies" pursuant to the Bankruptcy Abuse Prevention and Consumer
Protection Act of 2005 (BAPCPA), and if so, whether BAPCPA's provisions
regarding advice to clients and requiring certain...
WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Oct. 3 declined to hear a case in which a lender argued that a debtor should not be permitted to bifurcate a secured creditor's claim regarding an automobile finance transaction in which the dealer extended financing to include an advance...