How did the Bankruptcy Code Change under the 2005 BACPA?
In 2005 BACPA was enacted. The BACPA acronym stands for Bankruptcy Abuse Prevention and Consumer Protection Act. As you can probably guess this law was enacted to stop the apparent abuse of bankruptcy. Here is a summary, of the main changes, of what the BACPA legislation did.
Means Test-the BACPA laws implemented a means test. The means test states that a presumption occurs, that you are abusing bankruptcy laws, if your median monthly income is higher than the median income of the state where you are filing bankruptcy. When this occurs you may not be able to file for a Chapter 7 Bankruptcy. If you can not file a Chapter 7 Bankruptcy you then maybe could file a Chapter 13. Waiting Period- the waiting period required before you can file multiple bankruptcies was increased by a year. (From 6-years, to 7-years) Credit Counseling-before your debts can be discharged you must attend credit counseling. This counseling requirement is mandatory both pre and post-bankruptcy.
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Personally, in my own dealings as a bankruptcy attorney, and talking with my colleagues I have found that BACPA has not resulted in much change. Perhaps, this is because of the poor economic conditions in the United States. Basically, people are still filing bankruptcy and they are filing bankruptcy in record numbers. The vast majority of people do not file bankruptcy on a whim as they realize that declaring bankruptcy adversely affects their credit for 7-years. So, the 2005 bankruptcy laws has not resulted in much change.
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