The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) requires that debtors filing for bankruptcy whose monthly income exceeds the median income for their household size in their state use the IRS expense standards rather than their current expenses to calculate their monthly disposable income (MDI). This report assesses this new requirement's effects on debtors and the courts.
More than 1 million U.S. households declared bankruptcy in 2004. Alarmed by rising defaults, the nation's lenders and political leaders alike set out to reform laws that clear away debt. To some, reforming these laws will put a lid on irresponsible consumer spending sprees. But some consumer advocates argue that banks and credit card issuers have only themselves to blame for marketing and supplying ill-advised loans. Is this political action timely consumer protection or an unwarranted corporate bailout? Bankruptcy Law covers these issues and more, examining each from different perspectives.