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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 …
Sep
2005
2005
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…
Sep
2005
2005
A Panel Trustees Ability to Uncover Potential Debtor Abuse Bankruptcy Law Meets the Fourth Amendment
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…
Sep
2005
2005