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5 N. Ill. L. Rev. Supplement i (2013-2014)

handle is hein.journals/nnislwrsp5 and id is 1 raw text is: Northern Illinois University
Law Review
Volume 5                         Fall 2013                        Number 1
ONLINE JOURNAL
ARTICLES
Correcting the Foreclosure Crisis?
Matthew Broucek............................................................................1
Mortgage Resolution Partners, a venture capitalist firm based out of San
Francisco, has been visiting with state and local governments across the
country. Mortgage Resolution Partners proposes that eminent domain can
and should be used to seize mortgages and refinance them in an attempt to
correct the United States' foreclosure crisis. This article identifies and
analyzes the policy issues and constitutional concerns that are inherent in
the plan. The most critical constitutional concerns with the plan implicate
the Takings Clause, the Contracts Clause, and the Dormant Commerce
Clause of the United States Constitution.
Debtors Deserve the Dischargeability of Tax Liability to be Honest and
Reasnable
R obert  Finegan  ......................................................................... .  32
The most current version of the Bankruptcy Code, the Bankruptcy Abuse
Prevention and Consumer Protection Act (BAPCPA), is considered one of
the most technical and comprehensive reforms to the Bankruptcy Code.
Facing a dramatic increase in consumer bankruptcies and fearing an
increase in abuse of the system, Congress included stricter guidelines and
rules to try andprevent debtor abuse in BAPCPA.
Another addition that BAPCPA added and at the heart of this Comment,
was the addition of a hanging paragraph to the Bankruptcy Code section
523(a). The issue of whether a person can discharge their tax liability
through a Chapter 7 bankruptcy proceeding for a year that they filed a tax
return after Aprilfifteenth, but before the IRS had already assessed the
taxes could arise in the future. Ultimately the hanging paragraph of 11
USC § 523(a) defeats the underlying principal of bankruptcy, to help
debtors in need establish a fresh start.

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