The Costs of BAPCPA: Report of the Pilot Study of Consumer Bankruptcy Cases

The Costs of BAPCPA: Report of the Pilot Study of Consumer Bankruptcy Cases – Summary

Professor Lupica is also Special Counsel with Thompson & Knight LLP where her practice focuses on complex bankruptcy and finance issues. She teaches Secured Transactions, Bankruptcy, Consumer Law and Legal Ethics.

Substantial changes were made to the consumer bankruptcy system with the enactment of the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA"). According to the Act's legislative history, the amendments to the Bankruptcy Code were designed "to improve bankruptcy law and practice by restoring personal responsibility and integrity in the bankruptcy system and ensur[ing] that the system is fair for both debtors and . . .

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Bankruptcy and appellate courts in increasing numbers are considering whether it is appropriate for debtors filing for Chapter 7 relief and attorneys representing them to enter into bifurcated fee agreements. It has been recognized that one of the reasons that debtors may decide to file Chapter 13 rather than Chapter 7 is that attorneys require payment of the Chapter 7...

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From the Editor – Claims

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