According to the Office of the United States Trustee, audits, which were suspended in January 2008, will resume on May 12, 2008.
The announcement states:
5/9/2008
As mandated in Section 603(a) of Public Law 109-8, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, the United States Trustee Program (USTP) established procedures to audit petitions, schedules, and [...]

Popularity: 8% [?]

So you got a discharge, none of your assets were taken, and now you want to pursue a previous creditor for collection violations which occurred prior to filing. Maybe there was an FDCPA or other state UDAP claim. Can you do it? Yes, as long as you listed those claims on your schedules [...]

Popularity: 7% [?]

Recently, the Bankruptcy Appellate Panel ruled that ride-through no longer existed in light of the recent changes to the Bankruptcy Code under BAPCPA. Nevertheless, they entirely ignored my 11 USC 365(e) argument and it’s presently before the Ninth Circuit Court of Appeals.
Popularity: 33% [?]

Popularity: 33% [?]

A recent bench decision by Maryland Bankruptcy Court Judge Thomas J. Catliota was an important ruling regarding the real party in interest requirement of FRBP 7017.
Americredit Financial Services, Inc., an auto loan servicer, filed a MLS in its own name. Its name appears on the car title as the sole lienholder, it represented that it [...]

Popularity: 33% [?]

United States District Judge, Helen G. Berrigan, has scheduled oral argument of the appeal by Wells Fargo Bank in the Jones v. Wells Fargo case.  Argument is set for June 25, 2008 at 9:30 a.m. in Section “C” of the United States District Court for the Eastern District of Louisiana in New Orleans.
The Appeal entitled:  [...]

Popularity: 16% [?]

There was a lot of hoopla about the reasoning behind the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. When it was first enacted, some thought that bankruptcy was going to be nearly impossible for consumers. And, at first, bankruptcy filings were slow as noted by my colleague and fellow blogger, Peter [...]

Popularity: 32% [?]

An above-median income Chapter 7 debtor must pass the Means Test to avoid a mandatory five year Chapter 13 case. The Means Test takes the debtor’s income, subtracts IRS-allowed expenses and secured debt payments, and forces a Chapter 13 filing if the difference can pay a sufficient amount of debt. Here’s a short list of [...]

Popularity: 20% [?]

April 1, 2008, is the last day for citizen comment on an important regulation! The date may be full of irony but this deadline is no joke. The US Trustee has submitted a proposed rule that includes specific requirements for the credit counseling “briefing” required of all individual debtors by 11 USC §109(h)(1). [...]

Popularity: 18% [?]

Was that student loan discharged in bankruptcy, or wasn’t it? Two recent decisions leave the answer to that question in doubt. Hoxie v. Educational Credit Management Corporation (US Dist. SD California, November 13, 2006) and Mersmann v Educational Management Credit Corporation (US App 10th Circuit, September 24, 2007) threaten the financial security [...]

Popularity: 37% [?]

In Drive Financial Services, L.P. v. Jordan  the United States Court of Appeals for the Fifth Circuit was called upon to address whether changes made to the Bankruptcy Code by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) which gave greater rights to secured motor vehicle creditors superseded the decision of the United [...]

Popularity: 21% [?]