[20050613]RS22166_2005年《防止破产滥用和消费者保护法》下的财务咨询.pdf

1 H.Rept. 109-31, p. 2.Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS22166June 13, 2005Financial Counseling under the BankruptcyAbuse Prevention and Consumer ProtectionAct of 2005name redactedLaw ClerkAmerican Law DivisionSummarySection 106 of P.L. 109-8, the Bankruptcy Abuse Prevention and ConsumerProtection Act of 2005 (BAPCPA), creates credit counseling requirements forconsumers seeking to file for bankruptcy under chapter 7 (governing the liquidation ofa debtors assets) and chapter 13 (governing the financial reorganization of a debtorsassets). In certain circumstances, these requirements may be waived. BAPCPA amendsthe U.S. Bankruptcy Code, 11 U.S.C. 109, to require an individual to receive creditcounseling before filing a petition for bankruptcy. BAPCPA also amends the BankruptcyCode to deny a discharge to chapter 7 and chapter 13 debtors who fail to complete apersonal financial management instructional course. Both credit counseling agencies andpersonal financial management instructional course providers must obtain approval froma U.S. trustee before offering a course to satisfy these requirements. Secti