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Bankruptcy Abuse Prevention and Consumer Protection Act of 2005: Law & Explanation

With its recent enactment, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 has created the largest overhaul of the Bankruptcy Code since its enactment in 1978. Many of the provisions from the sweeping changes will soon become effective, so we have assembled the critical information you need today in order to start planning for your clients. The writers at CCH and Aspen Publishers have been closely monitoring the Law in order to provide you with timely and insightful analysis.

This unique publication includes the full text of the legislation, a table of statutes added or amended by the Act, table of effective dates, invaluable CCH explanation of the provisions in the Act, selected committee reports and other legislative history. The 14 explanatory chapters provide detailed discussion of all of the changes to the Bankruptcy Code, including specialized treatment of the legislation’s tax provisions in a chapter authored by bankruptcy tax expert, Kenneth C. Weil.

It's a must-have resource for every practitioner, particularly those working in the area of business and consumer bankruptcy law and tax. Moreover, compliance officers and inside counsel for financial institutions and credit and collections firms will find this text highly beneficial because of the important new means testing provisions. Other significant business and legal issues impacted by the Act include:

Bankruptcy Tax Provisions

Business Bankruptcy Provisions

Cross-Border Cases

Financial Contracts

Family Farmers

Health Care Providers

Consumer Credit Disclosure

Corporate Bankruptcy Abuse

You can count on the experts at CCH and Aspen Publishers to assist you in understanding these sweeping changes with timely and relevant information.

Table of Contents
TABLES

Introduction

Explanation

CHAPTER 1 — NEEDS-BASED BANKRUPTCY

CHAPTER 2 — ENHANCED CONSUMER PROTECTIONS

CHAPTER 3 — DISCOURAGING BANKRUTPCY ABUSE

CHAPTER 4 — BUSINESS BANKRUPTCY

CHAPTER 5 — MUNICIPAL BANKRUPTCY

CHAPTER 6 — DATA COLLECTION

CHAPTER 7 — BANKRUPTCY TAX PROVISIONS

CHAPTER 8 — CROSS BORDER INSOLVENCY

CHAPTER 9 — FINANCIAL CONTRACT PROVISIONS

CHAPTER 10 — PROTECTION OF FAMILY FARMERS

CHAPTER 11 — HEALTH CARE AND EMPLOYEE BENEFITS

CHAPTER 12 — TECHICAL AMENDMENTS

CHAPTER 13 — CONSUMER CREDIT DISCLOSURE

CHAPTER 14 — PREVENTING CORPORATE BANKRUPTCY

LAW TEXT

TITLE I — NEEDS-BASED BANKRUPTCY

TITLE II — ENHANCED CONSUMER PROTECTION

TITLE III — DISCOURAGING BANKRUPTCY ABUSE

TITLE IV — GENERAL AND SMALL BUSINESS BANKRUPTCY PROVISIONS

TITLE V — MUNICIPAL BANKRUPTCY PROVISIONS

TITLE VI — BANKRUPTCY DATA

TITLE VII — BANKRUPTCY TAX PROVISIONS

TITLE VIII — ANCILLARY AND OTHER CROSS-BORDER CASES

TITLE IX — FINANCIAL CONTRACT PROVISIONS

TITLE X — PROTECTION OF FAMILY FARMERS AND FAMILY FISHERMEN

TITLE XI — HEALTH CARE AND EMPLOYEE BENEFITS

TITLE XII — TECHNICAL AMENDMENTS

TITLE XIII — CONSUMER CREDIT DISCLOSURE

TITLE XIV — PREVENTING CORPORATE BANKRUPTCY ABUSE

TITLE XV — GENERAL EFFECTIVE DATE; APPLICATION OF AMENDMENTS

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