Bankruptcy

People overwhelmed with debt problems can get a fresh financial start by filing for bankruptcy relief. Bankruptcy can stop foreclosure on a house or mobile home, prevent repossession of a car or other property, stop wage garnishment or debt collection harassment, and prevent termination of utility services. After years of intense debate, Congress enacted a overhaul of the nation’s consumer bankruptcy laws, which took effect October 17, 2005.

NCLC Special Reports and Press Releases

• Press Release: Bankruptcy Bill Will Erect New Bankruptcy Barriers and Reward Abusive Lenders (April 14, 2005) PDF (148KB)
• Press Release: Bankruptcy Bill’s “Truth-in-Lending” Provisions Will Obscure the Truth (March 1, 2005)
• Press Release: Critique of Senate Bankruptcy Bill (February 22, 2005)
• Press Release: Responsible Consumers Driven into Default (February 22, 2005)
• Report: Results of NCLC Survey of Consumer Bankruptcy Debtors

Policy Analysis

• Memorandum: Pre-bankruptcy Credit Counseling – Fees (November 4, 2005) PDF (103KB)
• Comments: NCLC and CFA on Credit Counseling Requirements (August 31, 2005) PDF (53KB)

• Analysis: Reasons for Low- and Moderate-Income Debtors to File for Bankruptcy Now Before the Law Changes by David Yen (June 2005) PDF (36KB)
• Letter: Criticism of Bankruptcy Bill (April 11, 2005)
• Fact Sheet: Servicemembers Civil Relief Act
• Letter: NCLC Supports Servicemembers Bankruptcy Relief Amendment (February 16, 2005)

Consumer Bankruptcy Law and
Practice with CD-Rom

Background Information and Resources

• Six Things Legal Services and Pro Bono Lawyers Should Know About the Attorney Provisions in the 2005 Act, February 2006
• Press Release: US Trustee Program Announces Approval of Credit Counseling Agencies for Bankruptcy Filers and Waiver of Credit Counseling Requirement in Areas Affected by Hurricane Katrina (October 4, 2005) PDF (19KB)
• Analysis: Repeat Filings and Automatic Stay Amendments under the 2005 Bankruptcy Act (August 2005) PDF (94KB)
• Judicial Conference of the United States Interim Procedures Regarding the Chapter 7 Fee Waiver Provisions of the Bankruptcy Abuse Prevention and
  Consumer Protection Act of 2005 (August 2005)
• Analysis: Means Testing and Section 707 Motions (July 8, 2005) PDF (212KB)

• Analysis: Exemptions Under 2005 Bankruptcy Act (July 8, 2005) PDF (136KB)
• Supreme Court to Decide Four Bankruptcy Cases This Term (NCLC and NACBA Amicus Briefs) (2004)
• Supreme Court Adopts "Formula Approach" On Cramdown Interest Rate and Holds State Not Immune From Student Loan Dischargeability

Consumer Information

• Bankruptcy Client Brochure (updated to reflect 2005 law changes) PDF (79KB)
• Using Credit Wisely After Bankruptcy (PDF 153KB)
• Your Legal Rights During and After Bankruptcy PDF (47KB)