Foreword to Second Edition

• Jurisdiction: United States

Foreword to Second Edition

Public Law 109-8, the "Bankruptcy Abuse Prevention and Consumer Protection Act of 2005" (BAPCPA), has wrought the most sweeping change to the bankruptcy law affecting consumers since enactment of the Code in 1978. BAPCPA is generally effective for cases filed on or after Oct. 17, 2005. Some provisions have a different effective date and are noted in the materials.

In revising these materials, I have attempted (with I am sure varying degrees of success) to analyze the effect of the sweeping sea change to consumer bankruptcy law arising from BAPCPA.

While I have referred to the Internal Revenue Manual (IRM) guidelines in interpreting and applying the Collection Financial Standards, I make no representation or prediction as to the extent, if any, that any court will be guided by IRM guidelines in interpreting and applying them. Although I have attempted to reconcile the Housing and Utilities and Transportation Standards to the means test, as noted in the text, the extent to which the courts may apply those standards in the context of allowable debt service for car owners and homeowners is not only an open question but susceptible to differing answers. This may vary from district to district, or even among judges within the same district! Writing in many areas on a clean slate, necessity dictated that a position be taken in the preparation of these materials. I have taken the position I believe to be correct, but readily acknowledge there are cogent arguments for other interpretations. I thank Hon. Eugene R. Wedoff, Northern District of Illinois, and Hon. Dennis R. Dow, Western District of Missouri, for their thoughtful challenges to many assumptions made in drafting this work and their...