Post BAPCPA filing statistics, plus a handy review

Compared to the same periods in 2005:

This quarter 102,949 cases filed, down from 381,743

Overall filings down 73%

Chapter 7 filings down 80%

Chapter 13 filings down 53.6%

But ... filings are trending back up towards pre-BAPCPA levels

Quick Review

§109(h)(1) requires all individuals (regardless of chapter) to complete credit counseling within 180 days before filing. In some districts trustees are interpreting this section to mean that an individual cannot file the same day they complete the counseling

§109(h)(3) allows for a 30 day exemption from the credit counseling requirement for "exigent circumstances." In practice, it is extremely difficult to obtain this exemption. The issue is being litigated in some places, especially with respect to non-English speaking debtors

§109(h)(4) releases individuals from counseling requirement after they have been determined by a court (after notice and hearing) to be "incapacitated, disabled, or on active duty military in a military combat zone." Courts initially appear to be more receptive to motions seeking this exception than the §109(h)(3) exception, but even this exception is hard to establish.

§727(a)(11) requires chapter 7 debtprs to obtain “debtor education” prior to discharge.

§1328(g)(1) requires chapter 13 debtors to obtain "debtor education" prior to discharge.

§111 governs how agencies may be approved by the United States Trustees and Bankruptcy Administrators to provide the counseling and education services.

Interim Rule 1007(b)(7) and 1007(c) require the filing of Official Form 23 and the debtor education certificate within 45 days after the first date set for the §341 hearing under chapter 7 and by the last plan payment or date of motion for discharge under chapter 13