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Full-Text Articles in Law

Rethinking The Discharge Of Pre-Petition Attorney Fees In Chapter 7 Bankruptcy: A Debtor Oriented Perspective, James L. Neher Sep 2001

Rethinking The Discharge Of Pre-Petition Attorney Fees In Chapter 7 Bankruptcy: A Debtor Oriented Perspective, James L. Neher

University of the District of Columbia Law Review

The courts are split over a provision of the Bankruptcy Code,' in which the majority courts hold that upon the filing of a Chapter 7 bankruptcy, 2 unpaid attorney fees, for pre-petition work in connection with preparing and filing bankruptcy, are discharged. In contrast, the minority view holds that attorney fees in connection with preparing and filing a bankruptcy are not dischargeable whether prepaid or not, as long as they are not excessive.4 The problem with the majority view is that indigent debtors may be deprived of access to legal counsel unless they can pay all or most of their …


Means Testing Consumer Bankruptcy: The Problem Of Means, Jean Braucher Jan 2001

Means Testing Consumer Bankruptcy: The Problem Of Means, Jean Braucher

Fordham Journal of Corporate & Financial Law

No abstract provided.


Lesson From The Trenches: Debtor Educator In Theory And Practice, Susan Block-Lieb, Karen Gross, Richard L. White Jan 2001

Lesson From The Trenches: Debtor Educator In Theory And Practice, Susan Block-Lieb, Karen Gross, Richard L. White

Fordham Journal of Corporate & Financial Law

No abstract provided.


The Soft-Landing Fallacy And Consumer Debtors, Barry E. Adler Jan 2001

The Soft-Landing Fallacy And Consumer Debtors, Barry E. Adler

Fordham Journal of Corporate & Financial Law

No abstract provided.