What is the Bankruptcy Abuse Prevention and Consumer Protection Act?

The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) is a law that was passed in 2005 by the United States Congress and was meant to make it harder for individuals to file for bankruptcy. The law is in effect in all 50 states, including Kansas. The law requires debtors to go through a means test that determines whether they can file for a Chapter 7 or a Chapter 13 bankruptcy. In addition, the law has provisions that require debtors to attend credit counseling, budgeting classes, and financial education classes before filing for bankruptcy. The goal of these sessions is to provide the debtor with the education and skills necessary to avoid filing for bankruptcy. The Bankruptcy Abuse Prevention and Consumer Protection Act also requires debtors to make a good faith effort to pay back creditors and proposes stricter rules on how debtors can file for bankruptcy. It also seeks to protect creditors by requiring debtors to make a commitment to repay their debts. Overall, the Bankruptcy Abuse Prevention and Consumer Protection Act was meant to provide more protection to both debtors and creditors and to reduce the number of individuals filing for bankruptcy. It is important to understand the provisions of the law before filing for bankruptcy in order to ensure that the process moves as smoothly as possible.

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What is the Bankruptcy Abuse Prevention and Consumer Protection Act?

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