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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.
Parties can file written requests (adversary complaints) to have the court determine if a debt is dischargeable. 1) Some unsecured debts are not dischargeable because Congress has determined they are types of debts that should not be discharged because of public policy reasons. Discharge, Does Every Debtor Get Discharged Of Every Debt? uscourts.gov ? faq ? discharge-does-ev... uscourts.gov ? faq ? discharge-does-ev...
Bankruptcy petition preparers are not attorneys. Even the bankruptcy petition preparers who call themselves "paralegals" are not usually supervised by an attorney. They may not represent debtors in any bankruptcy proceeding and they may not give debtors any legal advice. Bankruptcy Petition Preparers justice.gov ? petition_prep.pdf ? download justice.gov ? petition_prep.pdf ? download
Section 315(c) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 mandates that the Director of the Administrative Office establish procedures for safeguarding the confidentiality of tax information required to be provided under 11 U.S.C. § 521. Tax Return Guidance (INFORMATION) uscourts.gov ? sites ? default ? files uscourts.gov ? sites ? default ? files
4 One such change is section 109(h), the provision requiring individuals to obtain credit counseling from a nonprofit credit counseling agency within the 180 days preceding a bankruptcy filing.
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.
Make sure the preparer meets legal requirements. For example, don't use one that attempts to give you legal advice, uses the word ?legal? in their advertising or business name, doesn't use a contract for services, or asks you to give them the court filing fees. Should I Use a Bankruptcy Petition Preparer? - Justia justia.com ? articles ? should-i-use-ba... justia.com ? articles ? should-i-use-ba...
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.