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Articles 91 - 92 of 92
Full-Text Articles in Bankruptcy Law
Per Se Bad Faith? An Empirical Analysis Of Good Faith In Chapter 13 Fee-Only Plans, Alexander F. Clamon
Per Se Bad Faith? An Empirical Analysis Of Good Faith In Chapter 13 Fee-Only Plans, Alexander F. Clamon
Emory Bankruptcy Developments Journal
Section 1325(a)(3) of the Bankruptcy Code requires chapter 13 plans to be "proposed in good faith and not by any means prevented by law." Section 1325(a)(7) requires that "the action of the debtor in filing the petition was in good faith." Courts evaluate both good faith provisions through a subjective inquiry into the totality of the circumstances in each case, typically using similar factors in the analysis. Many jurisdictions provide a list of factors for this assessment. Courts caution that any list is non-exhaustive and should not limit the subjective nature of the good faith inquiry. Some chapter 13 plans …
Welcome, Robert Schapiro
Welcome, Robert Schapiro
Emory Bankruptcy Developments Journal
To mark the occasion of the Emory Bankruptcy Developments Journal Ninth Annual Symposium, Dean Robert Schapiro gave a rousing welcome to the audience and highlighted the Stern v. Marshall case that is being presented in one the symposium panels.