Archive for Effective Dates

Important Dollar Amount Adjustments

Section 104(b) of the Bankruptcy Code provides the mechanism for an automatic 3-year adjustment of dollar amounts in certain sections of the Bankruptcy Code. The changes began with April 1, 1998 and continued with each 3-year interval thereafter. The next changes go into effect on April 1, 2007. The adjustment is to reflect the change in the Consumer Price Index for All Urban Consumers for the most recent 3-year period ending immediately before the January 1 preceding such April 1. Some of the most important adjustments are as follows:

Section 101(3) definition of an assisted person – $150,000 to $164,250

Section 109(e) debt limitations for chapter 13 eligibility – $307,675 to $336,900 for unsecured debt and $922,975 to $1,010,650 for secured debt

Section 522(p) limitation on interest acquired during 1215 days prior to filing on state homestead exemption – $125,000 to $136,875

Section 522 (q) certain limitations on state homestead exemption – $125,000 to $136,875

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New Bankruptcy Laws Go into Effect

On April 20, 2005, President Bush signed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”). This 512 page Act makes significant changes to the Bankruptcy Code. On October 17, 2005, the majority of the provisions of the new law went into effect although certain provisions became effective upon enactment and others have individualized effective dates.

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2005 Bankruptcy Reform Act – "BAPCPA"

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) Public Law 109-8, 199 Stat. 23 was enacted by the US Senate on 3/10/05 and the US House on 4/14/05. It was signed by President George W. Bush on 4/20/05.

BAPCPA is generally effective in 180 days from the President’s signing ie. Monday, 10/17/05, except for certain sections such as 308 [522 (o), 522 (p), 522 (y)] 322, and 330

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