Articles

IV. The Constitutional Problem With A § 706(b) Motion I thank Daniel Press, an attorney practicing in Virginia, Washington, DC, and Maryland, for giving me his notes, which served as an afflatus for some of today’s post. A. Historical Background  1. The Chapter 13 Context When Chapter 13 was enacted in 1978, it provided that only an individual could be a Chapter 13 debtor (11 U.S.C. § 109(e)), imposed limitations on the amount of debt a Chapter 13 debtor could have (11 U.S.C. § 109(e)), and — most important for today’s discussion — included postpetition earnings in the bankruptcy estate… Read More →

Many people throughout the country have realized that they are too much in debt to be able to repay their loans. It can be terrifying and also overwhelming for a person since they do not want to lose their home and assets. One of the first things to consider would be to file for bankruptcy. The problem with this is that many people worry that they will lose their home in the process, yet this is not the case. Filing for bankruptcy can help you keep your home while getting your finances on track. These are some of the ways… Read More →