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Bankruptcy Abuse Prevention and Consumer Protection Act of 2005

Definition

The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) reformed the bankruptcy process so that debtors would be less able to liquidate their debt through Chapter 7 bankruptcy.

Analysis

BAPCPA was signed into federal law in 2005. Consumer groups opposed the legislation, while big banks heavily lobbied for its passage.

The most substantial changes made by BAPCPA include:

  • Means test for Chapter 7–this excludes debtors earning more than the median income where they reside
  • Required bankruptcy counseling–debtors must complete a counseling session with an approved budget and credit counseling agency