Complacency

The massive amendment to the Bankruptcy Code known as BAPCPA has been law for well over a year now. That really doesn’t seem possible. What seems even less possible is how much of this law we still don’t really have figured out, and how unaware the local bar (myself included) seems to be of that as we go along avoiding issues.

Some things that are issues elsewhere, haven’t been here. Other things we have managed to work around instead of arguing and getting decided. Most people filing now are in such bad shape that claiming an ownership allowance for a paid-for vehicle or deducting secured debt on the means test for property that is to be surrendered simply doesn’t make a difference.

I think it is a little too easy to follow the path of least resistance. If I know that something will draw an objection — even if I think that objection is flat out wrong — it is still easier to find another way around the problem.

Regardless, it is time for that to stop. We need to start facing some of the absurdities of the Code head on.

Brave words, I know.

Elaine

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