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The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA)

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the 2005 Bankruptcy Act; Pub. L. No. 109-8)  became effective on October 17, 2005. This page provides links to important information about significant and wide-ranging changes to the Bankruptcy Code and Rules, forms and procedures that affect the way bankruptcies are filed.

United States Trustee Program - Bankruptcy Reform Page

American Bankruptcy Institute Consumer Bankruptcy Center

Chapter 7 Fee Waivers

Judicial Conference of the United States Interim Procedures Regarding the Chapter 7 Fee Waiver Provisions

Chapter 7 Fee Waiver Application (Official Form 3B) (pdf)

Rule 1006, Federal Rules of Bankruptcy Procedures (pdf)

Poverty Guidelines (US Deparment of Health & Human Services)

Means Testing

Census Bureau and IRS Information

Administrative Expenses Multiplier

Credit Counseling and Debtor Information

Approved Credit Couseling Agencies 

Approved Debtor Education Providers

Notice of Domestic Support Obligation

New Chapter 13 Requirements

Chapter 15

Reaffirmation Agreements

Instructions

Form 240A

Tax Return

Automatic Stay - Lease Payments

Direct Appeals (28 U.S.C. § 158)
Section 158 of the Judiciary Code (Title 28, U.S.C.) was amended to provide the circuit courts of appeal with discretion to accept bankruptcy appeals without an intermediate appellate decision. For Direct Appeals before  the First Circuit Court of Appeals refer to Rule 6. Appeal in a Bankruptcy Case from a Final Judgment, Order, or Decree of a District Court or Bankruptcy Appellate Panel which can be found at the United States Court of Appeals for the First Circuit Rulebook.

National Creditor Registration Service (NCRS)
A National Creditor Registration Service has been established to handle most aspects of the new statutory and federal rule noticing requirements under 11 U.S.C. §§ 342 (e) and (f). Creditors with questions about the new service should call the toll-free NCRS support line at (877) 837-3424. Information to creditors regarding the new service is available at ncrs.uscourts.gov.

Privacy Concerns
The responsibility for redacting personal data indentifiers rests solely with counsel and the parties. The Clerk's Office will not review documents for compliance with this rule, seal on its own motion documents containing personal data identifiers, or redact documents, whether filed electronically or on paper. See Judicial Conference Privacy Policy.

* This guidance was developed by the Administrative Office of the U. S. Courts in coordination with a court working group established by the Director to assist the Clerk's Offices in preparing for implementation of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. The guidance is a work in progress, updated as necessary to provide additional information or clarification. Unless noted otherwise (e.g., tax return guidance and IFP procedures), it does not represent the policy of the Judicial Conference of the United States, and should not be cited as a legal authority.