The BAPCPA, or at least most of it, is a year old today. The prevailing opinion of commentators and judges seems to be that it is, at best, confusing, and at worst, a monumental failure in doing what it was intended to do. This is especially true for consumer cases. Credit counseling, while seemingly a good idea, has turned into a complete failure when it comes to steering people away from bankruptcy. We can’t even figure out how to label the hanging chad paragraph in §1325, or whether to dismiss or strike. Most experts believe cases will soon be at or near pre-BAPCPA levels, as evidenced by the rising foreclosure rates in Georgia. Chapter 11 cases are down a little nationwide, although that is likely due to the economy more than the BAPCPA.
This Blog, at least in this format, is a little over four months old. It has over 200 posts, and reference to most of the published (and some unpublished) Georgia Bankruptcy cases decided since October 2005. I also try to include key cases from other jurisdictions, and discussions of non-bankruptcy developments that may affect Bankruptcy cases. I have a stack of 20 or so new cases on my desk. Lawyers are kind enough to send me important opinions I may not otherwise locate. Hits and viewership go up on a weekly basis.
Thanks to everyone for reading! It will be interesting to see how things go in the next year, especially with many of the BAPCPA cases reaching the Courts of Appeals.