Podcasts about bapcpa

Happy Monday! Sam and Emma speak with Melissa Jacoby, law professor at the University of North Carolina, Chapel Hill, to discuss her recent book Unjust Debts: How Our Bankruptcy System Makes America More Unequal. First, Sam and Emma run through updates on SCOTUS' affirmation of presidential immunity, Joe Biden's Presidency, Boeing's plea deal, Bannon's prison time, Oklahoma and Texas Supreme Court decisions, the failure of the US aid pier in Gaza, Israel's attempted annexation of the West Bank, the French snap elections, and the Bolivian coup attempt, before diving deep into the Supreme Court's recent decision to officially place the President of the United States above the rule of law, and unpacking what exact acts might fall in the purview of this decision. Professor Melissa Jacoby then joins, briefly giving her own reactions to recent SCOTUS developments, before diving into the concept of bankruptcy in a society that runs on debts as a much-needed safety valve for the individual (or family), a need directly contrasted by the staunch moral stigma around the “personal-failing” of bankruptcy when it comes to people – a stigma that is not applied when it comes to corporations. Stepping back, Professor Jacoby walks through the major role the 2005 bankruptcy act (BAPCPA) played in making the bankruptcy system even more inaccessible for the individual, walking through various stories told in “Unjust Debts” that exemplify the problematic and unreliable role bankruptcy plays in practice, and why the contrasts between Chapter 7 and 13 bankruptcy (and who is filed into which) exacerbate these issues. After expanding on the particular role race plays in the bankruptcy system, Sam, Emma, and Melissa briefly touch on how corporations can take advantage of bankruptcy law – particularly when it comes to avoiding paying fair damages – and wrap up with hopes for the future of bankruptcy law and policy. And in the Fun Half: Sam and Emma unpack the developing conversation around Biden's future as the Democratic candidate for president, with Rep. Jamie Raskin and Mika Brzezinski exemplifying the Democratic establishment's worried (and worrying) response, and parse through the politics that got us to this point. They also touch on Donald Trump's continued use of “Palestinian” as a derogatory term for Democrats, Biden's leadership problems, and Bannon's prison Tim, before wrapping up with some (satirical) ponderings about how SCOTUS' presidential immunity decision could play out in practice, and the Trump Campaign's new tact for the Black vote (it's a doozy!), plus, your IMs! Check out Melissa's book here: https://thenewpress.com/books/unjust-debts Become a member at JoinTheMajorityReport.com: https://fans.fm/majority/join Follow us on TikTok here!: https://www.tiktok.com/@majorityreportfm Check us out on Twitch here!: https://www.twitch.tv/themajorityreport Find our Rumble stream here!: https://rumble.com/user/majorityreport Check out our alt YouTube channel here!: https://www.youtube.com/majorityreportlive Join Sam on the Nation Magazine Cruise! 7 days in December 2024!!: https://nationcruise.com/mr/ Check out the "Repair Gaza" campaign courtesy of the Glia Project here: https://www.launchgood.com/campaign/rebuild_gaza_help_repair_and_rebuild_the_lives_and_work_of_our_glia_team#!/ Check out StrikeAid here!; https://strikeaid.com/ Gift a Majority Report subscription here: https://fans.fm/majority/gift Subscribe to the ESVN YouTube channel here: https://www.youtube.com/esvnshow Subscribe to the AMQuickie newsletter here: https://am-quickie.ghost.io/ Join the Majority Report Discord! http://majoritydiscord.com/ Get all your MR merch at our store: https://shop.majorityreportradio.com/ Get the free Majority Report App!: http://majority.fm/app Check out today's sponsors: Express VPN: Secure your online activity by visiting https://ExpressVPN.com/majority! That's https://ExpressVPN.com/majority and you can get an extra three months FREE. https://ExpressVPN.com/majority. Follow the Majority Report crew on Twitter: @SamSeder @EmmaVigeland @MattLech @BradKAlsop Check out Matt's show, Left Reckoning, on Youtube, and subscribe on Patreon! https://www.patreon.com/leftreckoning Check out Matt Binder's YouTube channel: https://www.youtube.com/mattbinder Subscribe to Brandon's show The Discourse on Patreon! https://www.patreon.com/ExpandTheDiscourse Check out Ava Raiza's music here! https://avaraiza.bandcamp.com/ The Majority Report with Sam Seder - https://majorityreportradio.com/

Wednesday September 28, 2022 - United States Senator Elizabeth Warren and House Judiciary Committee Chairman Jerrold Nadler re-introduced the Consumer Bankruptcy Reform Act (CBRA). Both of these sponsored the same, or similar, bill in 2020. You might be thinking, "didn't Congress revamp the Bankruptcy Code with the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA)? The answer is, yes. Yes they did. But, in 2005, Congress was controlled by Republicans. The CBRA will have Democrat issues addressed. Like, addressing racial and gender disparities in the bankruptcy system. Whatever that means. The Act will also close loopholes that allow the wealthy to exploit the bankruptcy system. Again, whatever that means. But, the biggest change would be allowing Debtors to discharge student loans in bankruptcy. Something that is very difficult to do under the current rules. Warren and Nadler have historically supported the most extreme versions of bills. So, expect CBRA to give much to Democrat constituents and hit the middle class in the pocketbook. Attorney Steven A. Leahy looks at the Consumer Bankruptcy Reform Act of 2022 on Today's Tax Talk. https://www.warren.senate.gov/newsroom/press-releases/senator-warren-and-representative-nadler-reintroduce-the-consumer-bankruptcy-reform-act https://www.cbsnews.com/news/elizabeth-warren-bill-student-loans-college-debt-bankruptcy-reform/ https://www.congress.gov/bill/116th-congress/senate-bill/4991 --- Send in a voice message: https://anchor.fm/steven-leahy1/message

Members of ABI's Commission on Consumer Bankruptcy discuss the recommendations in the Final Report focused on the Code's credit counseling and financial management course requirements, and means test provisions. The Commission's recommendations address provisions established by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) that made obtaining the financial fresh start of bankruptcy more challenging for consumer debtors. Bankruptcy Judge (ret.) Randall Dunn moderates the discussion with John Rao of the National Consumer Law Center, Ariane Holtschlag of the Law Office of William J. Factor, Ltd. and Wendell Sherk of SkerkLaw.

Our newest Bond and Botes' law office, Bond, Botes & Wetzel, P.C., is now open in Mobile, Alabama! We are fortunate to have our former law partner, Melissa Wetzel, back with us. Even better, our prospective clients on the Gulf Coast will be very fortunate to have Melissa on their side!   I am reminded of my advancing age, unfortunately all too often, by my long term friends, Brad Botes and Greg Gunter. They have known me for a long time and my age came into clear focus, once again, while talking to Melissa on this podcast. Melissa reminded me that we both initially joined the Bond and Botes' team of lawyers in the early 1990's. Melissa started our Montgomery office and then moved south to start and run our Mobile office. We ended up closing our Mobile office after October 17, 2005 which is when the biggest change in over 100 years occurred in bankruptcy law. "Affectionately" referred to as "BAPCPA," the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005changed everything about consumer bankruptcy. In our estimation and experience, all this change did was to make bankruptcy more complicated and expensive for the average consumer. As an aside, it wasn't even necessary and the law was changed for different reasons entirely. That, however, is a topic for another time!

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) made major revisions to the Bankruptcy Code.  In this week's episode of The Crushing Debt Podcast, we talk about one of the more sweeping changes - the Means Test. The means test is complicated and there is an art and a science to completing the information.  The means test is important because it helps determine whether someone can file Chapter 7 (Liquidation) or Chapter 13 (reorganization). If you have questions about bankruptcy, or the means test, or whether you qualify for Chapter 7 or 13, please contact me at Shawn@YesnerLaw.com or www.YesnerLaw.com. 

ABI Resident Scholar Prof. Michelle Harner talks with Holly Etlin, Managing Director in AlixPartners Turnaround and Restructuring practice, and AlixPartners Director James Hogarth about their recent study examining retail bankruptcies since the implementation of BAPCPA in 2005. Etlin and Hogarth discuss their findings that 55 percent of retail bankruptcies since the 2005 Code change have ultimately ended in liquidation rather than restructuring.

The latest ABI Podcast features ABI Executive Director Sam Gerdano speaking with Foteini Teloni of Shearman & Sterling LLP (New York) about whether the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) forces debtors to exit chapter 11 before they are truly rehabilitated. Teloni, previously an Adjunct Professor of Law at Fordham University School of Law, authored "Chapter 11 Duration, Pre-Planned Cases, and Refiling Rates: An Empirical Analysis in the Post-BAPCPA Era" appearing in the Summer 2015 ABI Law Review.

Conversation with CLIFFORD J. WHITE III This edition of the ABI podcast will feature an interview by ABI Deputy Executive Director Felicia S. Turner with Clifford J. White, III, Director of the Executive Office for U.S. Trustees. In addition to providing an update on the implementation of the Program's responsibilities under BAPCPA, White discusses the recent congressional hearing examining the Program's efforts to combat abuse in consumer cases, as well as the Program's work in chapter 11 cases.

Conversation with Samuel K. Crocker ABI Deputy Executive Director Felicia S. Turner talks with Samuel K. Crocker, the current president of the National Association of Bankruptcy Trustees and a partner in the firm of Crocker and Niarhos in Nashville, Tenn. Having served on the panel of chapter 7 trustees for the Middle District of Tennessee for almost 25 years, Crocker discusses some of the changes and challenges to the trustee practice due to BAPCPA. He also discusses the relationship of chapter 7 trustees to the debtor bar and the Office of the U.S. Trustees. Crocker concludes with his thoughts on some of the recent trends seen in bankruptcy filing numbers as well as a discussion of home mortgage modification legislation currently being considered by Congress. Click here to listen to the podcast.

Conversation with Judge Thomas Bennett ABI Deputy Executive Director Felicia S. Turner talks with Bankruptcy Judge Thomas Bennett of the Northern District of Alabama (Birmingham), the current president of the National Conference of Bankruptcy Judges (NCBJ). Appointed to the bench in 1995, Judge Bennett discusses the effect of BAPCPA on the workload of bankruptcy judges. He also discusses current legislation addressing judicial pay raises and home mortgage modification. Click here to listen to the podcast.

Conversation with Martha G. Bronitsky Continuing the series of conversations with presidents of various prominent organizations in the insolvency community, ABI Deputy Executive Director Felicia Turner speaks with Martha G. Bronitsky, the president of the National Association of Chapter 13 Trustees (NACTT). Bronitsky discusses the history of the NACTT, the NACTT Academy and some of the changes to chapter 13 trustees' practice caused by BAPCPA.

Did BAPCPA Cause the Foreclosure Crisis ABI Executive Director Samuel J. Gerdano talks with Dr. Donald Morgan, Research Officer at the Federal Reserve Bank of New York, about the latter's research arguing that BAPCPA shifted risk from credit card lenders to mortgage lenders, partially helping to trigger the surge in home foreclosures. The conclusions of Morgan and his colleagues echo earlier findings that the new law's tougher requirements appear to have increased the number of people defaulting on their mortgages or walking away from their homes rather than seeking bankruptcy protection.

Interview with NACBAs President Carey Ebert ABI Deputy Executive Director Felicia S. Turner talks with Carey Ebert, the current president of the National Association of Consumer Bankruptcy Attorneys (NACBA) and a partner with Ebert Law Offices, P.C. in Forth Worth, Texas. A consumer and small business bankruptcy practitioner for over 20 years, Carey discusses NACBA's 2009 agenda as well as proposed changes to bankruptcy law being considered on Capitol Hill, including BAPCPA and current mortgage modification proposals.

Does Debtor Financial Education Matter ABI Resident Scholar Laura Bartell (Wayne State University Law School) visits with Prof. Katherine Porter (University of Iowa College of Law) and Prof. Deborah Thorne (Ohio University) about their recent empirical study concerning debtors' perception of the financial management course requirement mandated by BAPCPA. The study found that while many debtors express optimism about the future benefits of financial education, only about one in three debtors believes financial education could have prevented their bankruptcy. The findings have implications for designing financial education curricula and for understanding the causal relationship between financial distress and financial knowledge.

Examining Consumer Bankruptcy Developments Since BAPCPA The latest ABI Podcast features a discussion between ABI Executive Director Sam Gerdano and Alane A. Becket and William A. McNeal of Becket and Lee (Malvern, Pa.), authors of the recently released Consumer Bankruptcy: Fundamentals of Chapter 7 and 13, Third Edition. Becket and McNeal discuss some recent points raised in the book, inlcuding discussions on the changes in the law since BAPCPA and recent consumer developments in practice and the courts.

Taking a Closer Look at How Unsecured Creditor Recoveries Decreased Post-BAPCPA The latest ABI Podcast features ABI Resident Scholar Kara Bruce speaking with Prof. Lois Lupica of the University of Maine School of Law, who was the reporter and principal investigator for "The Consumer Bankruptcy Creditor Distribution Study" funded by the ABI Endowment. Lupica, who also authored the ABI Endowment-funded Consumer Bankruptcy Fee Study in 2011, talks about the results of the new study, which found that creditor returns in consumer bankruptcy proceedings have been less effective since the implementation of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA).