Posts Tagged ‘BAPCPA’

No Ticket? No Discharge: The Ticket Out of Bankruptcy

If one picks up the MBTA Red Line at Downtown Crossing, less than a block from my office, one must pay $1.25 to board. If the rider takes the T to Quincy Adams or Braintree, another $1.25 must be paid to exit the station. While it’s never happened to me personally, I can only imagine that if one does not have the $1.25 to exit, they are left to board the train again and head back into the direction they came in. Under the new bankruptcy law, debtors need a ticket to file, a topic that I discussed on December 30. There is also the new requirement to obtain a ticket out of bankruptcy: Debtor Education.

Section 727 of the Bankruptcy Code was amended to provide that a debtor cannot receive a discharge if the debtor has “failed to complete an instructional course concerning personal financial management.” Once completed, a certificate of completion is filed with the Bankruptcy Court. Thus, in addition to credit counseling, bankrupt debtors must complete a post-filing course in financial management.

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No Ticket? No Bankruptcy

In an interview on WBZ-1030AM Radio in October, I was asked if I thought the changes in the bankruptcy laws were “fair.” My response: “ask me in a year.” Well, the Bankruptcy Abuse Prevention and Consumer Protection Act is here. As Gene Wilder gleefully shrieked in Young Frankenstein, “IT’S ALIVE!” One of the most important new requirements under the law is the need for get a “ticket” to the bankruptcy court. It’s not worth shrieking about, but it is worth making sure that consumers contemplating filing bankruptcy know about it.

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And the Hits Just Keep on Coming…..

It is bad enough that the new bankruptcy laws are making bankruptcy more arduous and expensive for debtors, but now Congress is set to stick it to debtors once again…by increasing filing fees.

As of October 17, BAPCPA’s increased filing fees for Chapter 7 cases went from $209 up to $274. Chapter 13 cases – which involve payment plans – actually went down from $194 to $189.

Now, a provision in the Deficit Reduction Act of 2005 increases filing fees for Chapter 7 cases another $25 to $299 and fees for Chapter 13 cases another $85 to $274. The biggest increase: Chapter 11 filing fees will jump from $1,039 to $2,789. Both the House and the Senate passed the bill but a procedural move in the Senate has sent the bill back to the House for another vote. The House is scheduled to vote on the bill when after it returns on January 31.

The effective date of the bill is 60 days after the President signs it. Mark your calendars accordingly.

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