bankruptcy abuse prevention and consumer protection act

Advice for Creditors on Reaffirmation Agreements

by Russell A. DeMott, Charleston Bankruptcy Lawyer

Yes, you read it right.  This is about giving creditors advice about reaffirmation agreements.  It just might be a first here at Bankruptcy Law Network.  But it’s occurred to me that creditors deserve some help from time to time.  So why not? The reaffirmation provisions are hopelessly flawed Before 2005 reaffirmation was simple.  The debtor [...]

God and Bankruptcy

by Russell A. DeMott, Charleston Bankruptcy Lawyer

Bankruptcy is in the Bible.  In fact, there are plenty of blog posts here on Bankruptcy Law Network about what the Bible says about debt.  Kurt O’Keefe’s “Is Filing Bankruptcy a Sin?” is just one of many posts.  Most of these posts discuss the Bible and the morality of bankruptcy or apply particular Biblical principles [...]

Bankruptcy, Balance Sheets, and Fred

by Russell A. DeMott, Charleston Bankruptcy Lawyer

Filing bankruptcy if you have an interest in a corporation or a limited liability company requires some extra work for you and your bankruptcy lawyer.  Preparing an accurate balance sheet listing the company’s assets and debts is a critically important part of this process. As we’ve written before, just because you file bankruptcy doesn’t mean [...]

The Old Bankruptcy Law Is Dead

by Andy Miofsky, Illinois Bankruptcy Attorney

The New Bankruptcy Law [is] Five Years Old, so says Susanne Robicsek in her October 17, 2010 anniversary blog about bankruptcy reform legislation enacted in 2005.  Tragically, now the old bankruptcy law is dead, in that all cases filed under the prior law have concluded, or should have by now.  Chapter 7 cases usually complete [...]

New Median Family Income Numbers For Bankruptcy Effective November 1, 2010

by Kevin Gipson, New Orleans Bankruptcy Attorney

The new median family income numbers used for determining whether a debtor can file a Chapter 7 bankruptcy went into effect today, November 1, 2010.  The numbers are provided by the U.S. Census Bureau. The means test was one of the major changes that occurred as part of Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) [...]

Every bankruptcy attorney knows that the process can put tremendous strain on family relationships. But a recent South Carolina case demonstrates that bankruptcy coupled with an unreasonable chapter 13 plan can also bring a family together, although probably not in the way the husband and wife debtors had in mind. In the case of In [...]