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The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) requires that debtors filing for bankruptcy whose monthly income exceeds the median income for their household size in their state use the IRS expense standards rather than their current expenses to calculate their monthly disposable income ( ...
A fundamental goal of the federal bankruptcy laws enacted by Congress is to give debtors a financial "fresh start" from burdensome debts.
The court may deny a chapter 7 discharge for any of the reasons described in section 727(a) of the Bankruptcy Code, including failure to provide requested tax documents; failure to complete a course on personal financial management; transfer or concealment of property with intent to hinder, delay, or defraud creditors; ...
In 2005, Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) after heated debate. The new law was designed to deter people from pursuing bankruptcy by making filing for it more difficult and expensive, as well as less financially advantageous.
Under BAPCPA, filing for Chapter 7 personal bankruptcy became more difficult, as more stringent eligibility requirements were imposed. The goal was to prevent the bankruptcy process from being abused and to encourage Chapter 13 filings instead of the more forgiving Chapter 7.
BAPCPA prevents student loan borrowers from discharging their debt through bankruptcy unless they can meet the ?undue hardship? standard. Most courts interpret ?undue hardship? to mean that the borrower must prove that they cannot maintain a minimum standard of living if they repay their loans.
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) requires that debtors filing for bankruptcy whose monthly income exceeds the median income for their household size in their state use the IRS expense standards rather than their current expenses to calculate their monthly disposable income ( ...
Chapter 7 cases are typically only filed voluntarily by the debtor. The primary purpose of a Chapter 11 bankruptcy is to give business entities and individuals with large amounts of debt an opportunity to reorganize their financial affairs.