Because the means test under BAPCPA
requires a determination that the debtor's income is above the median income for his or her household size, see supra note 244 for further discussion, median income figures are readily available for a creditor to review.
166) Possibly as Congress acts to fix the inadequacies of BAPCPA
, it would also take into account that many of these inefficiencies can be remedied by giving the bankruptcy courts more procedural teeth.
should not have had any consequence for the a priori safer individuals with low likelihoods of resulting in bankruptcy before reimbursing their student loans (Nica, 2016): the loan issuers should have envisaged that such borrowers presented practically no bankruptcy risk (Popescu et al.
Prior to BAPCPA
, it was not uncommon for some Chapter 13 plans to provide for backloaded payments, such as balloon payments.
In this case, Raul Barraza filed for a Chapter 7 petition on January 31, 2006, subject to the provisions of BAPCPA
Chapter II Trustees and Examiners After BAPCPA
, 80 AM.
170) Prior to the enactment of BAPCPA
, it is estimated that credit card companies were losing roughly $4 billion annually due to discharged debt through bankruptcy filings.
Start Fresh Today was created in 2005, setting out to help consumers and attorneys meet BAPCPA
As Figure 2 shows, filings in the United States spiked just before the BAPCPA
came into effect, followed by a dramatic decline.
We prefer BAR over BAPCPA
because it is pronounceable and because abuse prevention came first (White 2006).
amendment, however, may divest the trustee of this theory since a "purchaser" is "described in.
As its name suggests, however, BAPCPA
does contain consumer protection provisions that operate as amendments to TILA.