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Effective Dates of the Bankruptcy Abuse Prevention and Consumer Protection Act 1 (May 3, 2005)

handle is hein.bank/crsbank0027 and id is 1 raw text is: Order Code RS22135 May 3, 2005 CRS Report for Congress Received through the CRS Web Effective Dates of the Bankruptcy Abuse Prevention and Consumer Protection Act Robin Jeweler Legislative Attorney American Law Division Summary The means test and consumer provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), P.L. 109-8, will become operative on October 17, 2005. Other provisions of the law, cited below, took effect on the date of enactment, April 20, 2005, or will take effect at another future date. After many years of deliberation and debate, Congress passed major bankruptcy reform legislation, S. 256, 109th Cong., 1St Sess. (2005).' The Bankruptcy Abuse Prevention and Consumer Protection Act, P.L. 109-8, was presented to President Bush and signed into law at approximately 2:45 P.M. on Wed., April 20, 2005.2 Section 1501 of the law provides: (a) EFFECTIVE DATE- Except as otherwise provided in this Act, this Act and the amendments made by this Act shall take effect 180 days after the date of enactment of this Act. (b) APPLICATION OF AMENDMENTS- (1) IN GENERAL- Except as otherwise provided in this Act and paragraph (2), the amendments made by this Act shall not apply with respect to cases commenced under title 11, United States Code, before the effective date of this Act. (2) CERTAIN LIMITATIONS APPLICABLE TO DEBTORS- The amendments made by sections 308, 322, and 330 shall apply with respect to cases commenced under title 11, United States Code, on or after the date of the enactment of this Act. For more background, see CRS Report RL32765, The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 in the 109'h Congress, by Robin Jeweler. 2 See White House Press Release, President Signs Bankruptcy Abuse Prevention, Consumer Protection Act at [http://www.whitehouse.gov/news/releases/2005/04/20050420-5.html]. Congressional Research Service oe The Library of Congress

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