Do I qualify to be a "debtor" under the new bankruptcy laws (BAPCPA 2005)? Cases filed on or after October 17, 2005 must comply with the requirements of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA 2005).  Under the new law, subject to certain exceptions, an individual may not file a bankruptcy unless within 180 days preceding the filing of bankrupcty petition the debtor received from an approved credit counselor: a briefing that outlined the opportunities for available credit counseling, and has had assistance in performing a related budget analysis, and  files with the Court a certificate describing the services provides by the credit counseling agency, and attaching a copy of any repayment plan Subject to limited exceptions, credit counseling is a prerequisite to a bankruptcy filing.  For names, addresses and phone numbers of approved credit counseling agencies, click here. Copyright © 2005 Law Office of Deborah K. Ebner