You Don’t Need a Sledgehammer to Crack a Nut: Only a Causal Connection Should Trigger the 180-Day Bar Necessary to Prevent Abusive Repeat Filings
Journal Issue:
Bankruptcy Code: 109
Following the Leader: Section 109(g)(2) Requires Only a Sequential Analysis for Purposes of Eligibility After a Voluntarily Dismissed Case
Journal Issue:
Bankruptcy Code: 109
Fail to Make Direct Payments to Secured Creditors? No Discharge
Journal Issue:
Bankruptcy Code: 1325, 1328, 1322
Fail to Make Direct Payments to Secured Creditors? Discharge OK
Journal Issue:
Bankruptcy Code: 1326, 1328, 1322
A Fresh Start with Flexibility: Consumers Can Modify the Treatment of a Secured Claim in a Confirmed Plan to Surrender Collateral Under § 1329
Journal Issue:
Bankruptcy Code: 1329
The Code Does Not Permit a Debtor to Modify an Allowed Secured Claim
Journal Issue:
Bankruptcy Code: 502, 1325, 1327, 1329
Don’t Move the Goalposts: Section 1328 Should Not Deny Discharge to Debtor Who Completes Payments to Trustee, but Is Behind on Direct Payments
Journal Issue:
Bankruptcy Code: 1328