§ 5-3.2    Brief History of Chapter 13 after BAPCPA
Revised:  May 30, 2014
Cite as:
Keith M. Lundin, Chapter 13 Bankruptcy, 5th Edition, § 5-3.2, at ¶ ____,
Sec. Rev. May 30, 2014, www.Ch13online.com.

¶1There have been statutory changes to Chapter 13 after the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA).1 The post-BAPCPA amendments are collected in Appendix 5-D organized by section of Chapter 13 and by year of enactment within each section. This Appendix 5-D also contains selected post-BAPCPA amendments to Code sections not in Chapter 13 that impact Chapter 13 practice.

¶2The first change to Chapter 13 after BAPCPA was the December 20, 2006, enactment of the Religious Liberty and Charitable Donations Clarification Act of 2006.2 Detailed elsewhere,3 less than artful drafting in BAPCPA created confusion about how to account for charitable contributions for purposes of the projected disposable income test at confirmation of a Chapter 13 case. Congress “clarified” that most charitable contributions up to 15 percent of a debtor’s gross income were excluded from disposable income.

¶3In 2007, 2010 and 2013, the dollar amounts in various sections of Chapter 13 automatically adjusted effective on April 1 of each year. This automatic adjustment every three years is required by § 104 as amended by the Bankruptcy Reform Act of 1994.4

¶4In 2009, Congress amended § 109 to extend from five days to seven days the period during which a potential debtor must be unable to obtain a prepetition briefing to be eligible for the “exigent circumstances” waiver in § 109(h)(3).5 This change was part of a larger effort to change five days to seven days in many (but not all) bankruptcy statutes and rules.6

¶5In 2010, Congress (finally) enacted a “technical amendments” bill to straighten out dozens of non sequiturs, mistaken cross-references, incomplete sentences and other messes in BAPCPA.7 The Bankruptcy Technical Corrections Act of 20108 is reproduced in full in Appendix 5-E.

¶6Most of the 2010 Act was indeed technically corrective. However, several of the “clarifying” amendments changed the internal logic or meaning of sections of BAPCPA in ways that are hardly technical.9

1 Pub. L. No. 109-8, 119 Stat. 23 (2005).   [ Back ]

2 Pub. L. No. 109-439, 120 Stat. 3285 (Dec. 20, 2006).   [ Back ]

3 See § 487.2.   [ Back ]

4 Pub. L. No. 103-394, § 108(e), 108 Stat. 4106 (1994). See §§ 369.5369.9.   [ Back ]

5 Pub. L. No. 111-16, § 2(1), 123 Stat. 1607 (May 7, 2009). See §§ 369.5369.9.   [ Back ]

6 But see 11 U.S.C. § 528(a)(1), which allows “five business days” for a debt relief agency to execute a written contract with an assisted person. This five-business-day period was not enlarged by the 2009 amendments.   [ Back ]

7 See § 5-5.10 for some examples.   [ Back ]

8 Pub. L. No. 111-327, 124 Stat. 3561 (Dec. 22, 2010).   [ Back ]

9 See, e.g., 2010 changes to 11 U.S.C. § 109(h) dealing with a prepetition briefing on the same day as the filing of a Chapter 13 petition, discussed in § 369.3. See also 2010 changes to 11 U.S.C. § 362(d)(4) which struck out “hinder, and” and inserted “hinder, or.”   [ Back ]

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