How has the 2005 Bankruptcy Amendments changed bankruptcy?
In short, it has increased the documentary burdens on individuals filing for bankruptcy and, in so doing, increased the complexity and cost of cases. Among other things, as a result of BAPCPA: (a) Individual debtors must generally undergo a credit counseling briefing before they file for bankruptcy, and must complete a separate financial management course after the bankruptcy has been been filed (and before they are discharged). We can assist you in locating an approved agency or you can go to Credit Counseling Agencies, for prepetition credit counseling, and to Debtor Education Providers for approved providers of post-petition financial management. If you go to the web site, scroll down until you get to the providers for your district (cases filed in Pittsburgh are in the “Western District of Pennsylvania”). (b) Individual individual filers must undergo a “means test” in order to determine whether a presumption of abuse exists in Chapter 7, or the minimum duration of a plan and the pr
