BAPCPA at 10
Courts are split on the interpretation of BAPCPA’s treatment of automatically rejected leases in chapter 7.
Courts are groping to define ‘personal use’ because Congress didn’t.
Milavetz invalid-purpose test isn’t applicable to incurring debt to pay a retainer.
On direct appeal, Seventh Circuit upholds Bankruptcy Judge Thorne by allowing chapter 13 debtors to retain anticipated refunds from earned income tax credits.
A case on the ability of state law to take property out of the estate after filing may not go to the Supreme Court.
Congress created a loophole in the hanging paragraph in Section 1325(a).
In the Fifth Circuit, chapter 7 trustees lock in higher compensation.
‘Stay and pay’ may not be permissible, but the remedies can be toothless.