Implementing the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005: Impact on the Clerks' and Bankryptcy Administrators' Offices

Federal Judicial Center

Implementing the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005: Impact on the Clerks' and Bankryptcy Administrators' Offices
AVA21533VNB1, 4773-V/05, Jne 9, 2005

On April 20, the President signed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. The Act makes substantial changes to Title 11 of the U.S. Code and the bankruptcy system nationally, and represents the first major overhaul of the nations bankruptcy laws in 27 years. Most of the Acts provisions take effect 180 days after its passage.

This program summarizes the major changes and examines their impact on the workload and services provided by clerks and bankruptcy administrator offices as well as the U.S. Trustee. Program faculty identify which changes required by the Act will be implemented nationally (CM/ECF and interim forms), which will require local initiatives (collecting and keeping secure debtors' current and prior tax year returns and certification of debtor counseling), and which processes will be automated. Additional topics include instituting a means test, an in forma pauperis (IFP) filing category, providing an explanation of counseling requirements and maintaining info on credit counseling organizations, dealing with potential increased filings, modifications of local rules and notices, and training of staff. The program also analyzes actions taken by the Bankruptcy Rules Committee in response to the Act.

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