Trustee Tells U.S. Supreme Court BAPCPA Limits Judicial Discretion
January 7, 2010 By
WASHINGTON, D.C. - The trustee who is asking the U.S. Supreme Court to determine whether the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) eliminated judicial discretion by requiring an above-median-income debtor to pay to unsecured creditors the net result reported on Official Form 22C filed her opening merit brief on Dec. 21, contending that Congress intended to curtail judicial discretion when it enacted BAPCPA (Jan Hamilton v. Stephanie Kay Lanning, 08-0998, U.S. Sup.; See 11/04/2009).
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