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Collection: High-Income, Good Faith, and the Dismissal of Non-Consumer Bankruptcy Cases under Chapter 7
With the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ('BAPCPA'), many creditors expected to have additional grounds to obtain dismissals of Chapter 7 petitions. BAPCPA incorporated an income/expense test ('Means Test') into '707(b) of the Bankruptcy Code, wherein a bankruptcy court can dismiss a Chapter 7 petition for 'abuse.' Under the Means Test laid out in '707(b), 'abuse' is presumed if the debtor's 'current monthly income,' after subtracting for certain specified monthly expenses and multiplying by 60, is either: 1) equal to or greater than 25% of the debtor's nonpriority unsecured claims in the case, or $6,000, whichever is greater; or 2) $10,000, unless special circumstances exist that rebut the presumption of abuse.
Among other provisions, '707(b) authorizes a bankruptcy court to dismiss a Chapter 7 petition filed by an individual debtor, whose debts are primarily consumer debts, for 'abuse,' while '707(a) allows bankruptcy courts to dismiss a Chapter 7 petition for 'cause' and provides three nonexclusive examples of 'cause' warranting dismissal.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.