Involuntary Bankruptcy: BAPCPA Amendment to § 303(b) Needs to be Revoked

American Bankruptcy Institute Journal
Read Time: Less than 1 minute

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. 

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