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Bankruptcy Abuse Prevention and Consumer Protection Act of 2005

Helpful links and other information

Name Summary
Credit Counseling Agencies List of Credit Counseling Agencies for Arkansas
Financial Management Providers List of Financial Management Providers for Arkansas
U.S. Trustee's Program Website General Credit Counseling and Debtor Education Information.
Fee Schedule Changes Fee schedule changes which will go into effect on 10/17/05.
Credit Counseling Waiver in Areas Affected by Katrina The United States Trustee Program announced a temporary waiver of the statutory requirements for credit counseling for bankruptcy filers in Louisiana and the Southern District of Mississippi due to the effects of Hurricane Katrina. The Program also announced approval of 41 credit counseling agencies for bankruptcy filers.
Interim Rules and Official Forms Implementing the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 On April 20, 2005, the President signed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (Pub. L. No. 109-08, 119 Stat. 23.) The Act, which exceeds 500 pages in length, makes significant changes to the Bankruptcy Code and affects nearly every aspect of bankruptcy cases. The Act generally took effect on October 17, 2005. (Several provisions were effective upon enactment, while other provisions have individualized effective dates.) Because this did not provide sufficient time to promulgate rules under the Rules Enabling Act, courts were urged to adopt Interim Bankruptcy Rules, which were approved by the Advisory Committee on Bankruptcy Rules and the Committee on Rules of Practice and Procedure.
Where can I find out information about the new Bankruptcy Law?

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 was signed into law by President George W. Bush on April 20, 2005, and went into effect on October 17, 2005. The bill amends Title 11 of the U.S. Code and provides for stricter bankruptcy filing requirements. Under the new law, those who have the ability to do so may be required to pay back part of their debt rather than having the debt expunged. The law also makes it more difficult for serial filers to abuse bankruptcy protection and requires more disclosure to customers by credit card companies.

Parts of the new law will be enforced by the Department of Justice's United States Trustee Program. For more information on their responsibilities with regard to the law, please visit http://www.usdoj.gov/ust/bapcpa/.

If you have questions about filing for bankruptcy, please consult with an attorney who specializes in bankruptcy law. While there is no Federal agency that provides private legal assistance, the Legal Services Corporation (LSC) does fund locally-based legal aid services to people in financial need. To find the nearest LSC program, please choose your state and county information at:

http://www.rin.lsc.gov/scripts/LSC/PD/PDList7.asp

Should you need to contact the LSC headquarters directly, you may do so at:

Legal Services Corporation
3333 K St. NW, 3rd Floor
Washington, DC 20007
Telephone: 202-295-1500
Fax: 202-337-6797
E-mail: info@lsc.gov
Webform: http://www.lsc.gov/contact.asp

If you are not eligible for legal assistance through the LSC, you may obtain a lawyer referral from the Lawyer Referral Service (LRS) program provided by your local State Bar Association office. The LRS will match you with a lawyer based upon your specific legal need. To access a directory of LRS programs by state, please visit:

http://www.abanet.org/legalservices/lris/directory.html
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 This link will take you to www.thomas.gov and provide the Bill Summary Status for the 109th Congress.