CALL NOW!
FREE PHONE/VIRTUAL CONSULTATION

What You Need to Know about the BAPCA

The BAPCA is the acronym for The Bankruptcy Abuse Prevention and Consumer Protection Act. It was passed into effect in 2005 and resulted in a number of changes to the existing bankruptcy laws. The law made it more difficult to file for bankruptcy, which was done in an attempt to prevent people from filing multiple times. The goal was to also protect consumers from predatory behavior related to bankruptcy.

Prior to 2005, there were consumers abusing the bankruptcy system. Chapter 7 filers would file multiple times, allowing them to run up debts with the intention of filing and wiping out those debts. Bankruptcy was able to be used as a tool to avoid paying debts, as opposed to a tool to get a fresh start. People were accumulating debt with the intention of filing, not filing because they found themselves in unexpected circumstances.

Changes that Resulted from the BAPCA

Obviously credit card companies were in favor of the new law because it limited the number of opportunities consumers had for discharging their debt.

As a result of the BAPCA, debtors filing for Chapter 7 bankruptcy:

  • Have to pass a means test
  • Complete credit counseling before filing and financial management before debts are discharged
  • Live in one location for a certain period of time before filing (requirements vary from state to state)
  • May not file more than one time in eight years for Chapter 7 or within six years for Chapter 13

Ultimately, the BAPCA helps limit opportunities for bankruptcy fraud, so unless you intended to commit fraud, you likely won’t experience that much of an effect from the law. As a matter of fact, the law has done little to reduce the number of bankruptcy cases filed each year, despite predictions from experts that it would.

Additionally, the law prevents people who shouldn’t be filing from doing so because they are pressured into the decision by a predatory bankruptcy “expert.” Bankruptcy can be a perfectly acceptable option for those who are struggling financially.

For more information about the BAPCA, check out this information from Investopedia.

Is Bankruptcy Right for You?

Both Chapter 7 and Chapter 13 can help you reset your situation and get a fresh start, but they aren’t the right option for everyone. A true bankruptcy expert will review your situation carefully and help you reach the best decision based on your circumstances. For some, this is absolutely bankruptcy, but for others, alternatives are the better option, at least temporarily.

One of the primary reasons debtors filing for bankruptcy must attend credit counseling is to help them make the best decision for them. Before filling, it’s important to understand your options and feel confident with whatever decision you make. If you ever feel as if you are being pressured into filing, it’s best to take a step back and evaluate your situation before moving forward.

If you’d like more information about the BAPCA or you would like to speak to someone about filing for bankruptcy, we can help. Contact the Law Offices of Robert M. Geller at 813.254.5696 to schedule a consultation.

Archive

Tampa Bankruptcy Law Blog

How to Avoid Being a Victim of Scam Calls for Student Loans

Scam Calls for Student Loans Student loans are one of the biggest burdens faced by college attendees. Even students who...
Read More

Can Medical Bills Be Included in a Bankruptcy? Here’s What You Need to Know

Can medical bills be included in a bankruptcy? Medical problems are stressful enough without facing a significant debt burden after...
Read More

I’m Unemployed. Can I Still File for Bankruptcy?

Unemployed Bankruptcy Being in debt is bad enough, but if you’ve lost your job recently or accumulated debt because of...
Read More

How Will Filing for Bankruptcy Affect My Credit?

Will Bankruptcy Affect My Credit? Not paying your bills affects your credit negatively. And yet problems with credit are one...
Read More

Behind or In Default on Your Student Loan? Here’s What You Should Know

Student Loan Default If you’ve fallen behind on student loan payments or your student loans are in default, you aren’t...
Read More

Will Bankrutcy Affect My Job? Learn How Filing Affects You in the Workplace

Will Bankruptcy Affect My Job? Filing for bankruptcy raises many considerations. One of the most important is whether or not...
Read More

Can Bankruptcy Help Me If I’m Behind on Child Support?

Bankruptcy and Child Support Bankruptcy can help you with a lot of things. It can help you stop calls from...
Read More

Can You File for Bankruptcy When You’re Unemployed?

Bankruptcy and Unemployment Being in debt is bad enough, but if you’ve lost your job recently or accumulated debt because...
Read More

Bankruptcy and Eviction History

Eviction With the rate of evictions on the rise in recent months and the expectations that eviction numbers will grow,...
Read More

What to Expect Once You’ve Decided to File Bankruptcy from Home

File Bankruptcy from Home There are a few things that happen when you file bankruptcy from home. An automatic stay...
Read More

Bankruptcy

For The Next 5 Days GET A FREE BOOK About Bankruptcy

Learn More

Infographics

We are A Debt Relief Agency.
We help people file for bankruptcy under the Bankruptcy Code

Pay Online Bankruptcy Courses Newsletter Subscription

NACBA Logo comodo avvo1 avvo2 avvo3 LEA BBB Logo RG Seal

Call For A Free Initial Consultation

813.254.5696

Tampa Office

Law Offices of Robert M. Geller, P.A.
807 West Azeele Street
Tampa, FL 33606
T: (813) 254-5696
T: (800) 853-7549
F: (813) 253-3405

Map And Directions

St. Petersburg Office

Law Offices of Robert M. Geller, P.A.
125 5th Street South
(Wells Fargo Financial Center)
2nd Floor, Suite G
St. Petersburg, FL 33701
T: (727) 532-3939

Map And Directions

Pasco Office

23526 State Road 54
Lutz, FL 33559
T: (813) 336-2320

Map And Directions