Talk:Bankruptcy Abuse Prevention and Consumer Protection Act

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72 thousand dollars as the average income in MA?!?!?! I really, really doubt that number. I hate to suggest fact checks, but that seems so outta whack, even for MA, that I wanna see some kinda proof."

Its been a while since I read this but I am almost positive that that is for a "family of four" bracket. Double income households would have each income earner making $36K ..... I will look up the exact stats and add a link when I can find the info agaon. the preceding comment is by 170.201.180.136 - 07:26, 30 June 2006: Please sign your posts!
The 72K figure is a little old, it's actually >80K for a family of four now. The extlink to the actual numbers is already on the main page, look for this extlink: US Trustee Means Testing page with Median Income Table --Flawiki 11:45, 30 June 2006 (UTC)

Contents

[edit] I love this thing

Just wipe out a good deal of work on my part to make the article a little less biased, including a rather useful external link to the American Bankruptcy Institute's analysis of the law. And yes, I'm a lawyer. Thanks.

Arniebuteft 09:39, 14 October 2005 (CDT)

I backed out your edit because it excised a number of neutral, verifiable, yet still objectively negative facts about BAPCPA/BARF. The rationale for backing the edits out was described in slightly more length in the section below entitled POV. You're experiencing the tension explored a bit on the Be Bold wiki article. I myself am an ABI member (a debtor's counsel, primarily consumers; go figure) and like many others here, an attorney. I have a sneaking suspicion we have some creditors and perhaps a OUST folk or two... Flawiki 17:03, 15 October 2005 (UTC)

I am not a lawyer, but I am wondering why it is phrased that Republican Jim Sensenbrenner sought to make it harder for people in Katrina trying to file for bankruptcy, when in actual fact he said the opposite. The new law makes it harder to file for bankruptcy, Sensenbrenner has said that people in Katrina would not have to file under the new law, quote "If someone in Katrina is down and out, and has no possibility of being able to repay 40 percent or more of their debts, then the new bankruptcy law doesn't apply,", which means that those on hard times will not have to file under the new law, meaning that they will be able to take advantage of the old law. Which is the opposite of what is being written and suggested. Can anyone tell me why the author has suggested the inverse of what he actually said?

[edit] POV?

I backed out a large revision by Arniebuteft to the last ver by Markles (the edit descr came up incorrectly due to my butterfingered typing and inadequate field length).

I think it'd be difficult to dispute that the article carries an anti-BARF tone, but I'm not sure excising large chunks of factual, neutral material is the way to fix tonal issues. For ex, nuking the factual passage noting the ch 7 means test applies only to debtors with primarily consumer debts (new 707(b)(1)) itself may expose some POV, or perhaps it's just fast editing. In any event I'd ask that there'd be some discussion before additional substantive wiping of passages in this article were performed under the guise of NPOVing it, or even just an attempt to convert that which is POV into NPOV while preserving the facts. Flawiki 01:48, 29 September 2005 (UTC)

[edit] Credit Counseling Requirement

Im making an attempt to gather and post some information about the new Credit counseling requirement of this act. I added an internal link here.

I have a question I hope someone can help. I filed bankruptcy in 1998 and have made great attempts at fixing my debts. I found out lately that a credit card company that was part of my bankruptcy is constantly reporting me to the credit bureau even though they were part of my bankruptcy 8+ years ago. How can I fix this, is this illegal. This was my credit union, which I had a credit card with at the time of bankruptcy. They were listed with my creditors and I followed all the rules and paid my Chapter 13 off just like the lawyer and the bankruptcy court ordered. Now I find out they are reporting me as recently as 2006. HELP!

Ruth Conner

[edit] "Inadequate government response"

This sentence is highly POV, and I have removed it. There are many (myself included) who hold that the government did too much in response to the recent unpleasantness. Kurt Weber 19:17, 8 April 2006 (UTC)

Although I disagree that the response was adequate I do agree with Kurt Weber that the bits removed were POV and should be left out of this article. With that passage excised might it be appropriate now to remove the NPOV-sect tag? As I'd not edited the removed passage into the article or POV tagged it, I'm not at all certain if that was section's offensive element, and would therefore defer to further discussion. --Flawiki 23:41, 8 April 2006 (UTC)
No other discussion noted so off it comes. --Flawiki 21:21, 10 April 2006 (UTC)

[edit] Section headings

Hi everyone. I am interested in bankruptcy policy issues and came across this article. I thought it could really benefit from splitting the content into subject headings. I added three: Overview, criticisms, and legislative history. I also added content to the legislative history section, which previously did not exist.

I wonder if someone might be interested in trying to boil down the overview section. I think a lot of the important information is in there, but I think it could be easier to read, especially for people not schooled in the US bankruptcy code. I am happy to try to help on this task as well. --Mackabean 21:57, 11 April 2007 (UTC)

Since no one jumped at the chance to work on the overview section, and I had some time, I tried to reformulate it with some section headings and subheadings to make it easier to read. I also tried to make the language a little more user friendly for the non lawyers who come to this page. Finally, added a criticisms section, as I understand that this law was fairly controversial in some quarters. I welcome any thoughts on these changes. Many of the provisions of this law are quite technical, so if anyone sees pieces that are missing or should be clarified from the provisions section, please holler :) --Mackabean 22:52, 12 April 2007 (UTC)


[edit] OJ Simpson

The article currently says that OJ moved to FL and filed for BK. The stated reason is that he wanted to take advantage of the homestead exemption. I cannot find anything on PACER showing that he in fact filed BK. There is a filing for some company owned by his children that owned the rights to the "If I Did It" book. OJ moved to Florida to take advantage of the unlimited home exemption, but that was just to avoid collection, not to file BK. Can anyone provide proof that OJ in fact filed BK? Bgrainger 00:00, 4 October 2007 (UTC)