Publication Date
7-2006
Document Type
Survey Article
Abstract
Never underestimate the persistence of the credit lobby. In the most significant development in bankruptcy law since last year's Article, Congress finally, after eight years of trying, enacted bankruptcy reform legislation in the form of the Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA" or the "Act"). At least one judge has stated that "to call the Act a 'consumer protection' Act is the grossest of misnomers." Indeed, the Act creates new roadblocks for entrance into bankruptcy, such as the pre-petition credit counseling requirement and Chapter 7 means testing; limiting or eliminating the protection of the automatic stay for repeat filers; substantially reducing the super discharge for Chapter 13 debtors; and limiting the availability of a discharge for repeat filers. As that same judge said in reference to some of these new provisions, "[i]t should be obvious to the reader at this point how truly concerned Congress is for the individual consumers of this country."'
Recommended Citation
Walker, James D. Jr. and Nickell, Amber
(2006)
"Bankruptcy,"
Mercer Law Review: Vol. 57:
No.
4, Article 4.
Available at:
https://digitalcommons.law.mercer.edu/jour_mlr/vol57/iss4/4