Understanding the New Bankruptcy Code
Until recently, the bankruptcy code in the United States allowed many people to file Chapter 7 bankruptcy and discharge their debts without any form of repayment. While the option of repayment existed, most people chose to erase their debts rather than go through the hassle of paying their creditors back. Due to the ease and accessibility of filing Chapter 7 bankruptcy, the number of filings rose to an all-time high in the United States. Unfortunately, this only added to the financial woes that society was already experiencing. The need for bankruptcy reform was imminent.
The new bankruptcy code resulted in the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) of 2005, but changes in bankruptcy code are not new for citizens of the United States. Congress was authorized to make changes to the rules and regulations that govern the relationship between debtors and creditors since 1801. Since then, the legislators have amended the bankruptcy code many times. The 2005 changes, however, created the most significant changes in the code in nearly two decades.
In April of 2005, President George Bush signed into law some new regulations to be added to the existing bankruptcy code. Under the new bankruptcy regulations, debtors who file for any form of bankruptcy protection must meet several requirements. Firstly, debtors who file for new bankruptcies are required to complete a financial counseling course. Since a large number of bankruptcy filings are due to irresponsible personal finance management, the counseling course is designed to help people recognize and change their spending behaviors. This also helps to deter future bankruptcy filings because statistics show that many people who file bankruptcy will do it again in the future.
The new bankruptcy code is specifically designed to discourage debtors from filing bankruptcy. In addition to this, it also encourages them to look at their finances and spending habits to see why they got into the predicament to begin with. One way that the new code accomplishes this is by requiring an attorney’s signature on the bankruptcy petition before it can be filed with the court. Oftentimes, the lawyer is required to conduct an investigation into the debtor’s finances, especially in cases of suspected abuse. The person’s income is also evaluated to determine if the debts can be repaid through other means as well.
Other restrictions of the new bankruptcy code make it more difficult for debtors to file Chapter 7 bankruptcy to simply have their debts discharged. With the new regulations, the majority of cases are forced into a Chapter 13 bankruptcy that requires debtors to repay their debts with a scheduled payment plan. This process involves a court-appointed trustee to handle the finances of the debtor and a certain percentage of their regular income is delegated to the creditors. Repayment schedules are typically arranged so that the debts are paid within five years. Under the old bankruptcy code, however, it was much easier for debtors to file Chapter 7, which simply erases their debts without any form of repayment.
October 17, 2005 saw the new guidelines to the bankruptcy code. Since the large amount of debt was beginning to cause a strain on the economy, these changes were long overdue because of the widespread abuse of the system. The new code and guidelines strive to change irresponsible behaviors and discourage the number of bankruptcy filings without an investigation into the circumstances surrounding the event. Hopefully, debtors will re-evaluate their spending habits and financial management capabilities before rushing to the bankruptcy court.