The Proposed Consumer Bankruptcy Reform Act: A Political Analysis

By Kevin M. Ball, Eastern Michigan University

Senator Warren and Representative Nadler introduced identical legislation entitled the Consumer Bankruptcy Report Act (“CBRA”) late in the 116th Congress. Although the bills died without action at the conclusion of that term, the sponsors have indicated their intent to reintroduce them in the 117th Congress. The legislation would bring major changes to the Bankruptcy Code, ones more sweeping in their way than those enacted with BAPCPA in 2005.

In particular, the bills would eliminate consumer Chapter 7 and Chapter 13 cases and replace them with a single new Chapter 10. Under . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

Related Articles

December 15, 2019
By Veronica D. Brown-Moseley and Stephen F. Relyea1 The automatic stay serves as a shield that immediately protects debtors in bankruptcy and their property from a host of creditor collection actions ranging from foreclosure, repossession, and garnishment to collection letters and phone calls. In most instances, the filing of a bankruptcy case forces creditors to cease all collection actions and...
Members
NBR cropped 2
October 9, 2022
Dear Readers: We are all working at what feels like the speed of light these days. (And if we’re not, then we’re upset that work is too slow. Yes, we feel like Goldilocks—work’s either too busy or not busy enough.) But the wonderful Regina has asked me a question that often relates to someone hitting “send” too soon: “When opposing...
Members
dunn
June 25, 2023
Retired United States Bankruptcy Judge Randall (Randy) Lawson Dunn, District of Oregon, died at home on June 7, 2023.
William-1_print_2019
Recent case authority has not been favorable for consumer debtor attorneys seeking approval of bifurcated fees in Chapter 7 cases.
Members
Jeffrey-Fraser
August 13, 2023
In this brief synopsis, Fraser compares Lac du Flambeauto a case from the Middle District Court of North Carolina and its connection to the automatic stay.
Members
Mark
April 17, 2022
Mark Leffler, of the Boleman Law Firm in Virginia and also the current President of the Academy for Consumer Bankruptcy Education, begins a series of articles describing his firm’s development of a broader practice on behalf of consumer debtors. Look for subsequent parts of this series over the next few weeks. My fellow self-described consumer bankruptcy lawyers: you wield more...
Members
William-1_print_2019
On February 22, the Supreme Court issued its opinion in Bartenwerfer v. Buckley, 598 U.S. _____, 2023 WL 2023 WL 2144417 (Feb. 22, 2023), affirming the Ninth Circuit’s decision and resolving “confusion in the lower courts on the meaning of § 523(a)(2)(A).”1 Two Justices joined the opinion with the understanding that the Court was only addressing fraud in the context...
Members
September 20, 2020
By The Honorable William Houston Brown (Retired) Chapter 13 debtors’ FDCPA claim was not “related to” bankruptcy case. After reopening closed case, the debtors filed adversary complaint against mortgage holders and servicers, alleging various claims for violation of discharge injunction, automatic stay and FDCPA. The complaint plausibly pleaded elements required for §§ 362(k) and 524(i), but the claims under FDCPA...
Members
Academy-emeritus-Logo-gold3
August 25, 2024
As a follow up to No Gracie, LLCs May Not File Chapter 13, we posed some questions to the NACTT Emeritus Trustees group. We think you will find their answers interesting and thought provoking.
Members
finberg
September 10, 2023
Andrew B. Finberg has been appointed as a Chapter 13 Standing Trustee for the District of New Jersey.  Finberg is picking up the mantle left by happily retiring Isabel Balboa.

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: