Chicken Little Comes to Roost in Bankruptcy

This article discusses a change made to Bankruptcy Code section 362 by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA").  The BAPCPA amendment added 362(b)(28), which provides that the automatic stay does not stay acts by the federal Secretary of Health and Human Services to exclude debtors from participation in the Medicare program or any other federal health care program.

Reprint with permission of the American Bankruptcy Institute.