BAPCPA

Going Up: Bankruptcy Code Dollar Amounts Will Increase On April 1, 2016

02/22/16

dollar-1164990_1280An official notice from the Judicial Conference of the United States was just published announcing that certain dollar amounts in the Bankruptcy Code will be increased ever

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Florida Bankruptcy Filing, Maryland Exemptions, Real Property Exempt under Florida Tenants by Entireties Law

02/13/14

The January 30, 2007 case of In re Schwarz, __ B.R. ___, 2007 WL247649 (Bkrtcy.S.D. Fla.)(Olson, J.) held certain real property as exempt from administration in the estate under 11 522 (b)(3)(B) which allows for the exemption of any interest in property which the debtor held as tenants by the entireties to the extent that it is exempt from process under applicable nonbankruptcy law.

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Exempt Entireties Property not Subject to 522(p) Limitation

02/12/14

In the case of In re Buonopane, ___ B.R. ____, 2007 WL 247888 (Bkrtcy. M.D. Fla.)Williamson, J.) the Bankruptcy Court for the Middle District of Florida held that the cap imposed by section 522(p) on the state homestead exemption that a debtor can claim in residential property acquired within 1,215 days of the petition date applied only to the Florida homestead exemption that the debtor could claim under 522(b)(3)(A) and not to the separate exemption available under section 522(b)(3)(B) for property held as tenants by the entireties.

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Going Up: Bankruptcy Dollar Amounts Will Increase On April 1, 2013

02/26/13

It hasn't gotten much publicity yet, but certain dollar amounts in the Bankruptcy Code will be increased for new cases filed on or after April 1, 2013. Follow this link for a chart listing all of the changes on this Federal Register page, which printed this month's official notice from the Judicial Conference of the United States.

Among the most meaningful increases for Chapter 11 and other business bankruptcy cases:

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Make Student Loan Debt Dischargeable in Bankruptcy…Again

04/02/12

Why Not Student Loans? In the famous decision, Local Loan Co. vs. Hunt, the Supreme Court summed up the relatively simple policy behind our bankruptcy laws: the ”honest but unfortunate” debtor is given the opportunity to start over, “unhampered by the pressure and discouragement of preexisting debt.” The idea of periodic debt forgiveness is ancient, appearing numerous [...]

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The Pro Se Problem

11/05/11
A report from the Administrative Office of the U.S. Courts highlights a disturbing trend: since the adoption of the Bankruptcy Abuse Prevention and Consumer Protection Act in 2005, pro se filings have grown dramatically. You can read the report here. In the past five years, filings by attorneys have increased by 98%, while pro se filings increased by 187% over the same period.
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The Pro Se Problem

11/05/11
A report from the Administrative Office of the U.S. Courts highlights a disturbing trend: since the adoption of the Bankruptcy Abuse Prevention and Consumer Protection Act in 2005, pro se filings have grown dramatically. You can read the report here. In the past five years, filings by attorneys have increased by 98%, while pro se filings increased by 187% over the same period.
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Congressman Hinojosa's Bankruptcy Plan Appears to Violate Bankruptcy Code, Including BACPA Provisions He Voted For

07/24/11
Congressman Ruben Hinojosa was one of many representatives who voted for the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. As a chapter 11 debtor, he will now be tested to see whether must follow the same rules he voted for, as well as those previously in place. In re Ruben Hinojosa, Case No. 10-70900, pending in the United States Bankruptcy Court for the Southern District of Texas.
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