Caselaw - BAPCPA Issues

Attorneys as debt relief agencies.

Attorneys advertising as debt relief agencies.

Attorneys advising assisted persons to incur debt.

Failure to keep or preserve records.

Projected Disposable Income.

Written by Rachel Lynn Foley, Kansas City Missouri Bankruptcy Attorney.

Capital One Auto Fin. v. Osborn, No. 07-1726

The hanging paragraph in 11 U.S.C. section 1325 does not eliminate an under-secured creditor's deficiency claim when, in a Chapter 13 plan, debtors propose to surrender a car purchased within 910 days before filing for bankruptcy. The creditor is entitled to an unsecured deficiency claim if there is a right to a deficiency judgment under state law.

Full opinion Capital One vs. Osborn