BAPCPA at 10

Time Is of the Essence: The Standard for a “Prompt” Cure Under § 365(b)(1)(A)

Journal Issue: 
June 2019
Bankruptcy Code: 
11 U.S.C. § 365
Topic Tags: 
BAPCPA at 10
Bankruptcy Litigation
Creditors' Committee
Executory Contracts/Leases
Legislation
Plan Confirmation
Practice and Procedure
Valuation
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability
Mortgage
Predatory Lending
Business Reorganization
Finance and Banking

BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender

Congress may have intended to preclude ‘stay and pay,’ but it didn’t succeed.
Court: 
5th Circuit›Texas›Texas Northern District

Valuation of a Retained Mobile Home Does Not Include Delivery and Setup Costs

Fifth Circuit notches a victory for chapter 13 debtors retaining mobile homes.
Court: 
5th Circuit

Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice

BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.
Court: 
9th Circuit

Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice

BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.
Court: 
9th Circuit

Assuming a Lease Under Section 365(p) Doesn’t Also Require Reaffirmation, Some Say

Courts are split on the interpretation of BAPCPA’s treatment of automatically rejected leases in chapter 7.
Court: 
11th Circuit›Florida›Florida Southern District

Still No Universal Test for Bifurcating an Auto Loan in Chapter 13

Courts are groping to define ‘personal use’ because Congress didn’t.
Court: 
6th Circuit›Tennessee›Tennessee Eastern District

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