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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; ...
The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), passed in 2005, is a law intended to reform the personal bankruptcy process in the U.S. Under BAPCPA, filing for Chapter 7 personal bankruptcy became more difficult, as more stringent eligibility requirements were imposed.
A bankruptcy letter should be clear and concise and provide all the necessary information. It should include the name and contact information of the debtor, the date of the filing, the court where the bankruptcy was filed, the case number, and the type of bankruptcy filed.
The Bankruptcy Reform Act of 1978 (P.L. 103-394, 107 Stat. 4106), as amended, governs the relationship between creditors and debtors when debtors can no longer pay their debts. Ordinarily, people and businesses have a legal obligation to pay their debts.
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.
In addition, no individual may be a debtor under chapter 11 or any chapter of the Bankruptcy Code unless he or she has, within 180 days before filing, received credit counseling from an approved credit counseling agency either in an individual or group briefing.
Bankruptcy filings for the period between Oct. 1 and Dec. 31, 2005, also hit a record high for any quarter, the office said. The increase was largely in response to the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, which went into effect on Oct.