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Three Years Later

The Impact of the Bankruptcy Abuse and Consumer Protection Act of 2005 on Low-Income Debtors

By Tara Twomey

The 2005 amendments to the Bankruptcy Code were designed to prevent debtors able to repay their creditors from filing for bankruptcy. The Bankruptcy Abuse and Consumer Protection Act of 2005 made bankruptcy filings more complex and expensive and consequentially affected low-income consumers and their attorneys. Although the law added a fee-waiver provision for Chapter 7 cases, it limited bankruptcy relief for tenants and made it more difficult for the poorest debtors to obtain counsel.

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