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Topic: Bankruptcy Reform Act of 2005

  Bankruptcy - Wikipedia, the free encyclopedia
Bankruptcy is federal statutory law (Title 11 of the United States Code) based upon the Constitutional provision allowing "uniform laws on the subject of Bankruptcy throughout the United States." (Article I, Section 8).
Bankruptcy fraud is a business crime of filing for bankruptcy with criminal intent, that is with the intention of evading payment for goods even though the buyer has funds that could be used to pay for them, or accepting payment for goods or services but not supplying them.
Bankruptcy fraud can also sometimes lead to criminal prosecution in state courts, under the charge of theft of the goods or services obtained by the debtor for which payment, in whole or in part, was evaded by the fraudulent bankruptcy filing.
en.wikipedia.org /wiki/Bankruptcy   (1763 words)

 2005 BANKRUPTCY REFORM ACT   (Site not responding. Last check: 2007-11-04)
The Supreme Court summarized the intent of modern bankruptcy law, including our current laws, when it said that they are intended to give debtors a “fresh start”, “a new opportunity in life, unhampered by the pressure and discouragement of pre-existing debt.” It is fair to say that in recent times bankruptcy laws favored debtors.
In 2005 the political tide had turned and the Bankruptcy Reform Act passed by a very comfortable margin.
In the past consumers who filed bankruptcy were viewed as being in need of relief from the burden of debt, and were usually treated with empathy.
www.ws5.com /bankruptcy   (5105 words)

 Andrews Law - Bankruptcy - Bankruptcy Reform Bill Will Make It Harder To File Chapter 7 Bankruptcy
Though the purpose of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2003 was to curb alleged abuse of bankruptcy relief, it affects strongest hard working low to middle income families and individuals.
Bankruptcy and Abuse Prevention Act of 2003: presumes abuse based on the debtor's financial means.
In order for a state's exemptions to apply, the debtor must have lived there for two years immediately preceding the bankruptcy filing, or the exemptions of the state where the debtor lived during the six months (or the majority of that time) just before the two-year period must be used.
www.andrewslaw.net /bankruptcy/update_on_bankruptcy_law_changes.shtml   (1308 words)

 Bankruptcy Reform Legislation News   (Site not responding. Last check: 2007-11-04)
Dissenting Views on S. Reform of the bankruptcy system, and the principle that every debtor should repay as much of her debt as she can reasonably afford, is a sound and uncontroversial idea.
The bankruptcy reform legislation is expected to go to the floor of the House of Representatives the first week after the Spring recess.
According to the Senate judiciary committee, the Bankruptcy Reform Act is going to the floor immediately, which means that it is on the schedule for the week of February 28.
www.bankruptcyfinder.com /bankruptcyreformnews.html   (7228 words)

 [No title]   (Site not responding. Last check: 2007-11-04)
Bankruptcy is a legal proceeding in which a person who cannot pay his or her bills can get a fresh financial start.
Filing bankruptcy immediately stops all of your creditors from seeking to collect debts from you, at least until your debts are sorted out according to the law.
Chapter 7 is known as "straight" bankruptcy or "liquidation." It allows a debtor to keep his or her assets which are within certain limits, the “Exemption” amounts.
www.zimmerlaw.info /bankruptcy.htm   (2896 words)

 Mark D. Dunn, Attorney at Law (Dallas County/Collin County, Texas) ... Divorce, Bankruptcy, Family Law
If bankruptcy is right for you, I'll get some money from you and start working on drafting your petition and your bankruptcy schedules.
Chapter 13 bankruptcy is a bill consolidation scheme that involves making payments each month (to the bankruptcy trustee) over a period of three to five years.
In theory, when you file Chapter 7 bankruptcy, all of your property becomes part of your "bankrupt estate" and is subject to liquidation by the trustee — that is, he would sell it, and use the proceeds to pay your creditors a few pennies on the dollar.
markddunn.com /bankruptcy.html   (3562 words)

 Affiliated Legal Services, Inc Bankruptcy - Bankruptcy Reform Act of 2005   (Site not responding. Last check: 2007-11-04)
The Bankruptcy Reform movement that began eight years ago was based on a detailed report on bankruptcy reform by the National Bankruptcy Review Commission.
Before anyone can file bankruptcy under the Bankruptcy Reform Act, they must receive a certificate from an APPROVED non-profit credit counseling agency that states that they have received a briefing on opportunities for available credit counseling and have been assisted in performing an individual budget analysis.
Under the Bankruptcy Reform Act, if there is an unsecured portion of a debt, and a debtor converts to a Chapter 7 case, the lien secures repayment of 100% of the unsecured portion, and the debtor may find themselves in instant default.
www.affiliatedlegalservices.com /wst_page5.html   (2078 words)

 Matthew Winton's Oklahoma Condominium & Homeowner Associations Blog: Bankruptcy Abuse and Consumer Protection Act of ...
Effective for all bankruptcies filed April 20, 2005 and after, the Bankruptcy Abuse and Consumer Protection Act of 2005 will apply.
For those owning property within a condominium or homeowners association, the Act expands the definition of the assessments a debtor may not discharge in bankruptcy.
Previously, the Bankruptcy Code required a debtor to remain in residence within a condo or homeowner association lot in order for the association to claim a collection right to assessments.
okhoa.blogs.com /oklahoma_condominium_home/2005/04/bankruptcy_abus.html   (257 words)

 Bankruptcy Reform Lifts Basic Protections - Elites TV - Your Elite News Source
Enactment of the biggest legislative reform in 27 years of the United States Bankruptcy Code was ratified by the House of Representatives on April 14, 2005, following its passage in the Senate in March of this year.
Not disclosed by the press or by our legislators are the details of the new law which does not take into account that 95% of bankruptcy claims involve a combination of catastrophic illness, disability, identity theft, job loss, divorce or the caregiving to loved ones.
However, this is not a call for the dissolution of bankruptcy laws, but rather for the courts and the Congress to realize the harm the reformed legislation imposes upon those most at risk in ever recovering.
www.elitestv.com /pub/2005/Apr/EEN4265bd626576b.html   (1127 words)

 Filing-Bankruptcy-Help.com on 2005 Bankruptcy Reform Senate   (Site not responding. Last check: 2007-11-04)
Fitch: 2005 Bankruptcy Reform Legislation A S-T Negative, L-T...standards as bankruptcy reform is implemented.
On March 10, 2005, the Senate passed by a 74 to 25 margin S.256 the Bankruptcy....
Bankruptcy reform close to OK in Congress Posted on Thu, Apr. 14, 2005 Bankruptcy reform close to OK in Congress MARCY GORDON Associated Press...
www.filing-bankruptcy-help.com /filinghelp/2005-bankruptcy-reform-senate.html   (224 words)

 Littleton CO Bankruptcy Lawyer | Filing Colorado Bankruptcy | Credit Card Debt Relief
Filing bankruptcy may be the only solution in many cases.  Contact Denver, CO bankruptcy lawyer  Jon B. Clarke once you have explored this website - including the  Initial Consultation Form and Becoming A Client - if you need help filing bankruptcy or are looking for credit card debt relief.
Historically,  Chapter 7 bankruptcy has been available for individuals whose property is mostly or entirely encumbered or protected by exemptions.  However, with the passage of the  new Bankruptcy Reform Act of 2005, many people with income above certain levels will instead need to file Chapter 13 bankruptcy.
Chapter 7 bankruptcy is available for individuals or businesses whose property may be protected by exemptions, while Chapter 11 is a more time intensive process involving a great deal of supervision.
www.jonbclarke.com   (778 words)

 Declaring bankruptcy may get harder - Mar. 10, 2005
A bankruptcy reform bill, up for a vote in the Senate today and expected to become law, will make filing for bankruptcy more difficult.
In a Chapter 7 bankruptcy, your assets (minus those exempted by your state) are liquidated and given to creditors, and many of your remaining debts are cancelled, giving you what's known as a "fresh start." In 2004, over 1.1 million people filed for Chapter 7, accounting for roughly 72 percent of non-business bankruptcies.
What that means for consumers is it will be harder to find a bankruptcy attorney willing to file because of the liability and the additional work required to verify a client's information, Elias said.
money.cnn.com /2005/03/09/pf/bankruptcy_bill   (994 words)

 KeepMedia | Accounting Today: Bankruptcy reform act may open new doors for CPAs
Many accountants address bankruptcy issues from the commercial side, dealing with businesses that are filing for bankruptcy protection, and there are aspects of the new act that fall under this purview.
The new legislation is geared more toward consumer bankruptcies, as the name of the act implies, and even in this arena there may be services accountants can offer.
The new act requires that individuals who contemplate filing for bankruptcy must receive a certificate from an approved nonprofit credit counseling agency, and those who ultimately file for bankruptcy must also participate in financial management training.
keepmedia.com /pubs/AccountingToday/2005/05/16/892415?...&oliID=213   (263 words)

 Chapter 7 Chapter 13 Bankruptcy
When you can't pay bills like credit cards, medical bills, or loans, Chapter 7 is the bankruptcy type which might allow you to be discharged of your legal obligation to pay many of your debts and let you get a fresh start.
Whether your property is protected or not will be explained to you during your consultation so that you can make a decision on whether this is the type of bankruptcy that will best suit your family's needs.
Do not act or rely upon law-related information in this communication without seeking the advice of an attorney licensed to practice in the relevant area.
www.robicsek.com /id7.html   (483 words)

 Missoulian: Attorneys fear new bankruptcy laws will be too harsh on clients
The new rules on personal bankruptcies will be so onerous and uncertain, the process so expensive, convoluted and fraught with risk for both himself and his clients that his best option is to call it quits, he said.
But the full effect of the 2005 law, which runs about 500 pages, remains to be seen, said Jeff Morris, a scholar at the American Bankruptcy Institute in Washington, D.C. That's because regulations that will put its provisions into effect have yet to be written.
Bankruptcies are relatively cheap for consumers, costing in the range of $700.
www.missoulian.com /articles/2005/05/29/news/mtregional/news04.txt   (857 words)

 OpinionEditorials.com — Bankruptcy Reform Lifts Basic Protections - Grassi
Missing from coverage of the Bankruptcy Reform Act of 2005 are reports on the benefits deleted which gave basic protections for those filing for personal bankruptcy with limited assets.
With the new legislation most filers will now be forced into Chapter 13, or reorganization, requiring them to pay back their debts over a period of 5 years, as opposed to Chapter 7 which would wipe their slate clean.
So-called deadbeat abusers of bankruptcy filings which Congress would like us to believe are the majority, make up approximately 1-3% of total claims.
www.opinioneditorials.com /guestcontributors/dgrassi_20050421.html   (1296 words)

 1325 A 6 Bankruptcy Laws   (Site not responding. Last check: 2007-11-04)
S bankruptcy court eastern district of tennessee 13 bankruptcy chapter wisconsin.
The bankruptcy laws may be viewed as a response to this view, the "optimal" bankruptcy system could be defined as to implement the optimal bankruptcy system provides little guidance
Bankruptcy court rules, U.S. Bankurptcy Court, District of Arizona.
www.hot-bankruptcy-tips.info /get/1325-a-6-bankruptcy-laws.html   (521 words)

 Bankruptcy Reform And Means Test - Bankruptcy Reform And Means Test Web-Page - Bankruptcy Reform And Means Test Info   (Site not responding. Last check: 2007-11-04)
An attorney's analysis of proposed Bankruptcy Reform Act, this sellout by congress is a threat to the family and a gift to the rich.
March 10, the Senate passed the infamous "Bankruptcy Reform Act" which is a Christmas-come-early for but the "old" bankruptcy law already has a "means test" and it is
Reformed bankruptcy law would make it more difficult for insolvent people to cast off their debts and get a fresh start.
www.best-bankruptcy-info.net /resources/1/bankruptcy-reform-and-means-test.html   (606 words)

 infos: bankruptcy reform act   (Site not responding. Last check: 2007-11-04)
FREE ARTICLES    The Coming  Bankruptcy Act Reform And What It Means To Landlords © Copyright  2000-2001  Landlord.com Bankruptcy reform, which has been seriously pursued since at least 1997...
IN THE NEWS April 20, 2005 - The president signed the Bankruptcy Reform Act bill, S 256 into law this afternoon, Wednesday, April 20, 2005.
The Bankruptcy Reform Act: What It Means to You The Bankruptcy Abuse Prevention andamp; Consumer Protection Act of 2005, commonly called the Bankruptcy Reform Act, is the first major change to bankruptcy law...
www.urlaubperinternet.de /bankruptcy_reform_act.html   (330 words)

 Abuse - 2005 Abuse Act Bankruptcy Consumer Lease Prevention Protection Use   (Site not responding. Last check: 2007-11-04)
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 was signed into law on April 20, 2005.
The code in this section is prior to the amended amendments of The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
Quick Guide to the The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, the Bankruptcy Reform Act, which is the first major revision of the bankruptcy laws since 1978.
www.abusecause.com /abuse/2005-abuse-act-bankruptcy-consumer-lease-prevention-protection-use.html   (1124 words)

 Filing-Bankruptcy-Help.com on 2005 Act Bankruptcy Reform   (Site not responding. Last check: 2007-11-04)
On March 16, 2005, the House Judiciary Committee approved a Senate-passed bill to overhaul bankruptcy laws....
H.R. 2415, Bankruptcy Reform Act of 2000 H.R. 2415 Bankruptcy Reform Act of 2000 As cleared by the Congress on December 7, 2000...
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010....
www.filing-bankruptcy-help.com /filinghelp/2005-act-bankruptcy-reform.html   (246 words)

 Andrews Law - Bankruptcy - Homepage
This four-lawyer firm understands that the decision to file bankruptcy in order to resolve financial problems is very difficult.
It will assist you in your decision in filing a case, provide support during the bankruptcy process and continue to assist you after the conclusion of your case in helping you rebuild your credit.
www.andrewslaw.net /bankruptcy   (457 words)

 Bankruptcy Reform Act of 2001
The major credit card companies and banks have been lobbying hard for the past few years to pass a bankruptcy bill that will make it more difficult for debtors to escape from the payment of their unsecured loans by taking bankruptcy.
The bill would also mandate that those seeking bankruptcy relief seek credit counseling but apparently it does not indicate whether the cost of such services are given priority if bankruptcy is taken.
There are many predictions that general practitioner lawyers will quit doing bankruptcy work because of new liabilities that the reform act imposes on attorneys -- such as having to verify the accuracy of a debtor's bankruptcy pention and related schedules -- such as his financial statement and statement of income and expenses.
www.rpifs.com /bankruptcyreform.htm   (330 words)

 2005 bankruptcy laws   (Site not responding. Last check: 2007-11-04)
2005 ", which we will refer to as the Bankruptcy Reform Act, or just the "Act", is the first major revision of the bankruptcy laws...
The bankruptcy laws of the United States have long provided special benefits to those who lease, finance or conditionally sell transportation equipment such as airplanes, trains and related parts to companies that later file for bankruptcy protection.
President George W. Bush gave his imprimatur to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the "Act") on April 20, 2005, thereby effecting the most sweeping changes to U.S. bankruptcy law in more than a quarter century.
www.bankruptcy-index.info /2005-bankruptcy-laws.htm   (528 words)

 CFA Teleconference Seminar   (Site not responding. Last check: 2007-11-04)
The teleconference will focus on the new Bankruptcy Reform Act, considered the most extensive reform of the Bankruptcy Code in the past 30 years.
The speakers will be Lynnette Warman and Rebecca Winthrop, Shareholders in the Bankruptcy Group of Jenkens and Gilchrist, and will highlight those issues that should concern commercial lenders and may change their credit decisions when dealing with borrowers in bankruptcy.
Lynnette is the nationwide Practice Group Leader of the Bankruptcy and Reorganization Section of Jenkens and Gilchrist, and represented numerous debtors, official unsecured creditors' committees and unsecured creditors for nearly 20 years.
www.cfa.com /Education_Programs/edprograms_teleconference.htm   (616 words)

 Bankruptcy Reform Act - Lawyer RU
Bankruptcy Reform Act of 1994 (Engrossed as Agreed to or Passed by House)[HR5116.EH] 4.
Bankruptcy Reform Act of 1999 (Engrossed as Agreed to or Passed by House)[HR833.EH] 4.
Bankruptcy Reform Act: Bankruptcy lawyer and attorney to help you on filing personal bankruptcy.
lawyer.ru.com /bankruptcy-reform-act.html   (596 words)

 --> bankruptcy reform   (Site not responding. Last check: 2007-11-04)
Reform, 107th Congress Format to Print   THE CENTER FOR RESPONSIVE POLITICS   FINANCE: Bankruptcy Reform Financial interests hoped the 109th Congress would be the one that finally approved legislation...
Bankruptcy Code enacted by the new law (500 kb PDF file) S. 256 Passed by the House The bankruptcy reform bill, S. 256, has been passed by the House by a vote of 302?126.
Bankruptcy Reform aba, american bankers association, bankruptcy reform, reform, bankruptcy Monday, July 25, 2005 ABA Bankers News ABA Daily Newsbytes ABA eAlert ABA Economic Perspectives ABA Insider ABA Media...
www.elektro-schill.de /bankruptcy_reform.html   (270 words)

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