In his remarks preceding the signing of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), President Bush asserted a need to restore "integrity to the bankruptcy process" by noting that "[i]n recent years, too man…
This month's Update continues the series of articles examining BAPCPA in detail. A centerpiece of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) is the means test, set forth in revised §707(b) 1 of the Code. 2 …
In order for an individual to be a debtor under BAPCPA, he or she must first comply with the credit counseling provisions of §109(h). Under this new provision, a debtor is required to receive an individual or group briefing from an approved…
In the eight-year run-up to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), the coalition of consumer lenders driving this legislation won the public relations war for bankruptcy reform. With sometimes arrogant…
The forthcoming bankruptcy legislation poses considerable challenges for bankruptcy practitioners. There is little in the way of legislative history, and many commentators have noted the amended Code's lack of clarity and precision in a num…