Involuntary Bankruptcy: BAPCPA Amendment to § 303(b) Needs to be Revoked
In an article for the ABI Journal, bankruptcy and creditors' rights attorney Don Swanson examines the challenges creditors face when filing an involuntary bankruptcy petition. He highlights key risks, including potential liability for the debtor’s costs and damages. The article also explores changes to the “bona fide dispute” standard under 11 U.S.C. § 303(b) since 2005, which have made it harder for creditors to file. Don considers whether these stricter rules have unintentionally complicated the use of involuntary bankruptcy and offers a potential solution. For more insights and details, read the full article at the link below.
This content is made available for educational purposes only and to give you general information and a general understanding of the law, not to provide specific legal advice. By using this content, you understand there is no attorney-client relationship between you and the publisher. The content should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.