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The Sub Rosa Subchapter: Individual Debtors in Chapter 11 after BAPCPA


Bruce Markell


Florida State University - College of Law


University of Illinois Law Review, Vol. 2007, p. 67
UNLV William S. Boyd School of Law Legal Studies Research Paper No. 08-03

Abstract:     
In reforming the bankruptcy laws in 2005, Congress added several provisions to the Bankruptcy Code regarding the use of chapter 11 by individuals. These changes radically alter the basic chapter 11 rules with respect to individuals; among the most significant change is that postfiling service income, previously allocated to the individual debtor alone (and not available to pay prefiling creditor claims), was made property of the estate available to pay prefiling creditor claims. This article surveys the changes made and their possible impact, and suggests that they are sufficiently radical to have warranted a separate subchapter of chapter 11.

Number of Pages in PDF File: 30

Keywords: bankrutpcy, BAPCPA, individual reorganization

JEL Classification: G33, K19, K29, K30

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Date posted: March 31, 2006 ; Last revised: March 19, 2008

Suggested Citation

Markell, Bruce, The Sub Rosa Subchapter: Individual Debtors in Chapter 11 after BAPCPA. University of Illinois Law Review, Vol. 2007, p. 67; UNLV William S. Boyd School of Law Legal Studies Research Paper No. 08-03. Available at SSRN: http://ssrn.com/abstract=893582

Contact Information

Bruce Markell (Contact Author)
Florida State University - College of Law ( email )
425 W. Jefferson Street
Tallahassee, FL 32306
United States
HOME PAGE: http://www.law.fsu.edu/faculty/bmarkell.html
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