“BANKRUPTCY - AFTER OCTOBER 17, 2005”

Revisions and Implications for Creditors

STUDY, TRAINING & REFERENCE MANUAL

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On October 17, 2005 the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 became effective.  The 2005 Act represents the most significant change in bankruptcy laws, in many ways, since the Bankruptcy Code replaced the Bankruptcy Act of 1978.  While the primary focus of the 2005 Act was on eliminating abuses of the law by consumers, there are provisions in the Act affecting all participants in the bankruptcy process - businesses, landlords, creditors, debtors, and all professionals involved in the field.  Information and guidance for creditors in implementing and following the Rules and Regulations have been flowing from the courts and this publication is our attempt to compile, organize, and edit important aspects and topics for creditors, and in the financial services industry, into a single document for use in study, training of personnel, and reference in daily operations.  The manual consists of over 400 pages covering such topics as:

*Bankruptcy Basics (72 pages)                                       *Brief Bullet Notes for Creditors
*Overview of Major Consumer Bankruptcy *New Required Credit Counseling
  Effects of the 2005 Act                                                    *New Required Financial
*Means Testing                                                                     Management Course Completion
*Debtor’s Duties                                                                 *Priority Claims
*Creditor’s Duties                                                                              *New Bankruptcy Forms
*Changes in Automatic Stay                                                            *Alabama Court Web Pages
*New Notice Requirements                                                              *Local Bankruptcy Court Rules
*New Exemptions                                                                                 By Districts (3)
*New Requirements - Reaffirmations                            *Court Administrative Orders
*Secured Claims - Adequate Protection                        *Bankruptcy Filing Fees
*Calculations of Average Median Income                   *CH13 Discharge Requirements
*New Provisions for Debtor Dismissal                           *Requirements for Bankruptcy
*National Creditor Registration Service                        Noticing Center Support
*PACER Service Center                                                   *”Cram-downs” Restricted

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