CONSUMER BANKRUPTCY REQUIREMENTS THAT MADE SENSE
Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act in 2005. Many new requirements and restrictions were imposed with the goal of creating uniformity in the evaluation of bankruptcy cases. While there many requirements enacted that were needless and burdensome, there were also other requirements that made sense have added integrity and fairness to […]
CONSUMER BANKRUPTCY REQUIREMENTS THAT NEED TO BE ELIMINATED
Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act in 2005. Many new requirements and restrictions were imposed with the goal of creating uniformity in the evaluation of bankruptcy cases. It also added many creditor-friendly provisions that are too numerous to go into here. But there are several requirements that need to be eliminated, […]
The New Bankruptcy Forms: Are They More Helpful for Pro Se filers?
Effective December 1, 2015, the Bankruptcy Courts of the United States required the use of recently revised petition and schedule forms. The petition and accompanying schedules have been lengthened considerably. The additional length is a product of the simpler language used to describe the assets, liabilities and transactions commonly disclosed in a bankruptcy filing. However, […]
White House Urges Congress to Address Treatment of Student Loan Debt in Bankruptcy
Acknowledging concerns by the public about the growing amount of student loan debt, the White House is urging Congress to reconsider the treatment of student loan debt in bankruptcy cases. To understand the importance of this push, it helps to address the history of student loan debt under the Bankruptcy Code. Student loan debt […]
CONSUMER RIGHTS UNDER THE FAIR DEBT COLLECTION PRACTICES ACT
It is obvious that Bankruptcy and debt collection should go hand-in-hand, as ultimately it will be the attempts at collection upon one or more debts that will inevitably trigger a bankruptcy filing. One of the frequent questions that we hear from prospective clients is, “[can] my creditors legally do that?”
Bankruptcy Reform, Five Years Later
Unfortunately, little has changed for the better for consumer debtors since the Bankruptcy Abuse and Consumer Protection Act (BAPCPA) was implemented five years ago; consumer bankruptcy attorney Zane Leiden examines Bankruptcy Reform’s failure to reduce consumer bankruptcy filings.