In re Bacon: the extent of a debtor-tenant's right in public housing under s. 525(a) of the anti-discrimination clause
Article Abstract:
The bankruptcy court in In re Bacon set forth the best analysis to date of the 'anti-discrimination' clause of the Bankruptcy Code of 1978 with respect to public housing. The court treated the public housing authority like a private market creditor, placing debtor and authority on equal footing. The court ruled authorities must allow debtors to reapply for housing once evicted and attempting to collect rent payments discharged in bankruptcy violates the clause.
Publication Name: Bankruptcy Developments Journal
Subject: Law
ISSN: 0890-7862
Year: 1999
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Surrendering collateral under section 1329: can the debtor have her cake and eat it too?
Article Abstract:
Courts should use a good faith analysis to decide upon proposed modifications to chapter 13 bankruptcy agreements. This technique was embodied in Fallis v. Sears, Roebuck and Co., and it solves problems of judicial efficiency or res judicata. Modifications can be made under section 1329 of the Bankruptcy Code, but controversy exists on if this allows a debtor to surrender secured collateral. Deficiencies might thereby be reclassified with unsecured status.
Publication Name: Bankruptcy Developments Journal
Subject: Law
ISSN: 0890-7862
Year: 1996
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Single and bankrupt: what right does a debtor have to marry?
Article Abstract:
The bankruptcy court ruling in In re Nelson that a Chapter 13 debtor's postconfirmation marriage did not offer a reasonable basis for modifying her payment plan based on 'changes in circumstances' seems to contradict Supreme Court rulings holding marriage to be a fundamental right. To allow a bankrupt person's obligations to impede her right to marry would be contrary to public policy and most case law.
Publication Name: Bankruptcy Developments Journal
Subject: Law
ISSN: 0890-7862
Year: 1999
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