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REVIEW OF THE BANKRUPTCY ABUSE PREVENTION
AND CONSUMER PROTECTION ACT OF 2005
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| PREFACE |
Two study groups comprised of Lorraine Crozier, Roxanne Daneri, Neil Enmark, Don
Fitzgerald, Dale Ginter, Mark Gorton, Jan Johnson, Stephen Koonce, Marc Levinson, Michael
McManus, Dan Nelson, Tom Phinney, Estela Pino, and Tom Rohall met from June to December
of 2005 to review the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("the
2005 Act"). They have produced a section-by-section analysis of the amendments made to the
Bankruptcy Code by the 2005 Act.
Please note that this is a work in progress. As the review of each chapter has been
completed, the court has posted the summary of the chapter on its Internet site,
www.caeb.uscourts.gov, where anyone interested in doing so may review or download the
materials. These materials will be updated. Previously, the materials were revised to include
discussions of pertinent Interim Rules and new Official Forms. As courts interpret the 2005 Act,
the materials will be updated to include discussions and citations of those cases.
The first page of each chapter, as well as the footer on each page, indicates the date a
chapter analysis was last revised. We welcome your comments, corrections, and suggestions
regarding these materials. Please email them to bkact_comment@caeb.uscourts.gov and they
may be incorporated into the materials.
With a few exceptions, the summary and analysis of each section follows a template
which follows this preface. If a topic on the template is omitted, in the opinion of the study
group, there is nothing germane or significant in need of discussion. For example, when the
amendments made by the 2005 Act to a particular section do not have any impact on widely cited
case authority, the section, "Case Authority Impacted by the Amendment," is omitted.
The first topic on the template is the "Effective Date" of the amendment. Generally
speaking, most of the amendments were effective in cases filed on or after October 17, 2005. If
all of the amendments to a particular section were effective on October 17, there is no discussion
of the effective date. If an amendment was or will be effective at any other time, the effective
date of that amendment is identified and discussed.
So far, there are three variances from the template.
Section 101 defines terms used elsewhere in the Bankruptcy Code. Rather than
discussing the new and amended defined terms in the abstract, they will be discussed in the
context of the sections making use of them. The summary of section 101 is an index of sorts. It
groups the new and substantially amended defined terms by general subject matter and includes
after each term a list of all Bankruptcy Code sections using that term.
Also, the discussions of new sections 526, 527, and 528 are grouped into one summary
that otherwise follows the template. These sections are all related and concern the regulation of
"debt relief agencies."
Similarly, the amendments to sections dealing with specific tax provisions, sections 346,
728, 1146 and 1231, are discussed in one summary. However, because these sections fall in
more than one chapter, the same summary appears in chapters 3, 7, 11, and 12.
PREFACE
TEMPLATE
SUMMARY OF CHAPTER 1
SUMMARY OF CHAPTER 3
SUMMARY OF CHAPTER 5
SUMMARY OF CHAPTER 7
SUMMARY OF CHAPTER 11
SUMMARY OF CHAPTER 13
SELECTED FORMS
INTERIM RULES
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Updated: