Like many of their colleagues across the country, the two bankruptcy judges in New York’s Northern District have come to exactly opposite conclusions on the lingering question of whether the failure of debtors to abide by a new credit-counseling requirement mandates dismissal of their Chapter 13 cases.
Two recent decisions — one in Albany, the other in Utica — illustrate one of the myriad difficulties judges, lawyers and debtors are encountering in their efforts to comprehend and apply the provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
