The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
Public Law No. 109-8
Signed into Law April 20, 2005
Thank you for visiting the CLLA Bankruptcy Law Resource Page. This page includes links to the most frequently requested materials regarding the sweeping changes to the Bankruptcy Code. If you are looking for something you cannot find, please send an email to ehenry@clla.org
Understanding the Radical Bankruptcy Code Changes - Educational Resources
The CLLA has held three highly regarded educational programs on the new law. All of these are available in Audio CD form. Live programs will resume in the fall. The Audio Packages have two hours of programming and come with the complete program manual.
General Overview: This program features an overview of the major changes to both business and consumer bankruptcy practices. Speakers include The Honorable Eugene Wedoff, Judith Greenstone Miller, Jay Welford and Catherine Vance. This is a good introduction of the sweeping changes.
Business Bankruptcy Under the New Code: This program provides a detailed discussion of the new provisions, including changes to the law of small business bankruptcy, executory contracts, preferences, professional fees, taxes and much more. The two hour seminar covers all major (and many minor) changes to the Code affecting the business bankruptcy practitioner. This program was so successful, attendees asked for it to be held a second time so that their colleagues could attend. Speakers feature Hon. Bruce Markell, Judith Greenstone Miller, Jay Welford and Peter Califano. All of these speakers have testified during the long legislative process leading up to this new law.
Consumer Bankruptcy Under the New Code: This two hour seminar provides a detailed discussion of the means test, treatment of secured claims, repeat filings and the intricate attorney liability issues. Judge Eugene Wedoff and Catherine Vance provide a organized and lively discussion of these big issues. Both of these speakers are nationally recognized as the leaders in their field on these topics.
Frequently Requested Materials
"Attorney Liability under § 707(b)(4) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005," written by the American Bar Association, Business Law Section, Ad Hoc Committee on Bankruptcy Court Structure and Insolvency Process, Task Force on Attorney Discipline
"Critical Technical Issues Regarding Public Law 109-8 - The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005" - The CLLA Bankruptcy Section has released a thorough Section-by-Section summary of technical inconsistencies and issues found in the new law.
"Understanding the Radical Bankruptcy Code Changes" - The highly regarded educational materials prepared by Hon. Eugene Wedoff, Judith Greenstone Miller, Jay Welford and Catherine Vance are available compliments of the CLLA. If you would like to utilize these materials as a part of an upcoming educational program, please contact sjolie@clla.org
Director's Interim Guidance Regarding Tax Information Under 11 U.S.C § 521: Guidance on procedures to protect a debtor's tax information, as mandated by Section 315(c) of BAPCPA.
"Effective Date and Exceptions to the General Effective Date" - This widely circulated article succinctly lists the dates of enactment for the legislation. Updated May 31, 2005 to reflect filing fee increase.
"Census Bureau Data for Calculating the Means Test" - This site provides you with the Census Bureau data for the state median income which is the basis for calculating the means test.
"Attorneys and the Bankruptcy Reform Act of 2001: Understanding the Importance of Sanctions Against Debtors Counsel" - Written by Catherine Vance, this article presents an in-depth analysis of liability for debtors' counsel under the means test. Ms. Vance focuses on interpreting the language of the newly enacted § 707(b)(4) and examines the interplay between the statute and Rule 9011 of the Federal Rules of Bankruptcy Procedure. This article was originally published in the Fall 2001 edition of the Commercial Law Journal (106 Com.L.J.241 (2001)).
"Notice Required under Section 228/Code 527" - This document provides the language of the notice "debt relief agencies" must give their clients as set forth in new Code §527.
"Some Canons of Statutory Construction". Here you'll find an annotation of select cases that highlights some of the rules of statutory construction, rules that will be necessary in interpreting much of the new law.
Other Useful Resources
Internal Revenue Service - National Standards for Allowable Living Expenses
Blackline of the Current Bankruptcy Code - Davis Polk & Wardell has posted a blacklined version of the Bankruptcy Code on the web for public use.
Bankruptcy Statutes and Rules with Weblinks - Weber Law Firm has created a hyperlinked version of the Bankruptcy Code and Rule changes and has posted it on the web for public use.
Congressional Resources
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (Enrolled as Agreed to or Passed by Both House and Senate)
History of S. 256, outlining all amendments proposed, timeline of legislation and ultimate signing by President Bush.
Final Roll Call Vote on S. 256 - Senate
Final Roll Call Vote on S. 256 - House of Representatives
