Bankruptcy Repeat Filings: A Busy 2013?

When George W. Bush signed the Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”) into law in April, 2005 panic beset the bankruptcy community. Many bankruptcy lawyers feared that BAPCPA would severely limit the rights of debtors under the Bankruptcy Code. Even worse, nobody knew what impact many of BAPCPA’s new restrictive features would have on […]

Chapter 13 Denial Of Payroll Deductions May Be Unconstitutional

Courts around the country continue to refuse Chapter 13 debtors the right to make payroll contributions into their 401(k) plans at the expense of creditors.Two recent cases have continued this trend:In re Parks, No. 11-1366 (B.A.P. 9th Cir. August 6, 2012), and In re Jenkins, No. 11-16960 (Bankr. E.D. Tenn. July 5, 2012). The rationale behind these decisions (notwithstanding a […]

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