Full coverage of BAPCPA

“Bankruptcy Abuse Prevention and Consumer Protection Act of 2005”

109th Congress—First Session

Analysis on Consumer Provisions of BAPCPA

ABI Member Michael Barnett (Michael Barnett, PA; Tampa, Fla.) has created, and regularly updates, an analysis of the consumer provisions of BAPCPA. Click here to view the analysis.

New "Debt Relief Agency" Provisions

Held Inapplicable by Georgia Judge

S. 256 Passed by the House

The bankruptcy reform bill, S. 256, has been passed by the House by a vote of 302–126. The bill was passed without amendment and will now proceed to the White House for President Bush’s signature.

Major Consumer Bankruptcy Effects of the 2005 Reform Legislation

Prepared by Eugene R. Wedoff, U.S. Bankruptcy Court, Northern District of Illinois

On March 10, 2005, the Senate passed S. 256, the “Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.” The House Judiciary Committee approved the bill without amendment, sending it to the full House. Prompt passage by the House and approval by the President are expected. The following summary discusses changes in consumer bankruptcy law affected by the bill. This summary addresses the areas of major impact; it is not a complete list of the bill’s consumer provisions.

Read the full summary.

25 Changes to Personal Bankruptcy Law

A summary of major changes to personal bankruptcy law in the new bill, written by ABI Executive Director Samuel Gerdano.

Read the article.

Congressional Budget Office Cost Estimate

Senate Action 3/10/05

The bill has been approved by a vote of 74–25. Swift passage is expected in the House.

Roll Call Votes

Click here for list of roll call votes.

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Senate Floor Amendments Withdrawn or Rejected

Click here for list of rejected amendments.

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Analysis of Venue Reform Bill

As Attorney General of Texas, John Cornyn argued that the Enron bankruptcy should have been filed in or moved to Houston, where the company is located. He may have lost that argument, but now as a current Senator from Texas, Cornyn has now introduced a bill (S. 314) to restrict the debtor’s choice of venue to the principal place of business. Here, ABI Resident Scholar Jeffrey Morris analyzes the bill.

A Proposal for More Effective Bankruptcy Reform

by Judge A. Thomas Small and Judge Eugene R. Wedoff

This Proposal addresses the goals of bankruptcy reform advanced in the last several sessions of Congress and most recently incorporated in S. 256 in the 109th Congress. The Proposal furthers the principal objective of the reform legislation—to curb bankruptcy abuse—both by making bankruptcy relief more difficult for the most likely abusers and by adjusting procedures that could impair the goals of the legislation by imposing unnecessary costs on parties and the court system.

Law Professors’ Letter on S. 256

We are writing with regard to The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (S.256) (the “bill”). The bill is deeply flawed, and will harm small businesses, the elderly, and families with children.