People overwhelmed with debt problems can get a fresh financial start by filing for bankruptcy relief. Bankruptcy can stop foreclosure on a house or mobile home, prevent repossession of a car or other property, stop wage garnishment or debt collection harassment, and prevent termination of utility services. After years of intense debate, Congress enacted a overhaul of the nation’s consumer bankruptcy laws, which took effect October 17, 2005.
NCLC Special Reports and Press Releases
Testimony of John Rao before Senate Judiciary Subcommittee: Mortgage Modifications During the Foreclosure Crisis: Is There a Role for Bankruptcy Courts?, August 20, 2009 PDF 69KB
Comments of the National Association of Consumer Bankruptcy Attorneys and the National Consumer Law Center Regarding the United States Trustee’s Notice of Proposed Rulemaking on Application Procedures for Approval of Providers of a Personal Financial Management Instructional Course, January 13, 2009 PDF 39KB
Testimony of John Rao at Senate Committee on the Judiciary field hearing on "Credit Cards and Bankruptcy: Opportunities for Reform", at Rhode Island College, December 4, 2008 PDF 45KB
Letter Supporting Loan Modifications in Bankruptcy, November 18, 2008 PDF 140KB
Letter in support of allowing loan modifications through bankruptcy in
bank rescue bill, September 22, 2008 PDF (21KB)
Report: New Burdens but Few Benefits - An Examination of the Bankruptcy Counseling and Education Requirements in Massachusetts, June 2007 PDF(454KB)
Press Release: Bankruptcy Bill Will Erect New Bankruptcy Barriers and Reward Abusive Lenders, April 14, 2005 PDF (148KB)
Press Release: Bankruptcy Bill’s “Truth-in-Lending” Provisions Will Obscure the Truth, March 1, 2005
Testimony of NCLC before House Judiciary Subcommittee on Administrative and Commercial Law regarding “Straightening Out the Mortgage Mess," September 25, 2007 PDF (63KB)
Letter: NCLC Supports Servicemembers Bankruptcy Relief Amendment, February 16, 2005
Background Information and Resources
Six Things Legal Services and Pro Bono Lawyers Should Know
About the Attorney Provisions in the 2005 Act, February 2006
Press Release: US Trustee Program Announces Approval of Credit Counseling Agencies for Bankruptcy Filers and Waiver of Credit Counseling Requirement in Areas Affected by Hurricane Katrina, October 4, 2005 PDF (19KB)
Analysis: Repeat Filings and Automatic Stay Amendments under the 2005 Bankruptcy Act, August 2005 PDF (94KB)
Judicial Conference of the United States Interim Procedures Regarding the Chapter 7 Fee Waiver Provisions of the Bankruptcy Abuse Prevention and
Consumer Protection Act of 2005, August 2005
Analysis: Means Testing and Section 707 Motions, July 8, 2005 PDF (212KB)
Analysis: Exemptions Under 2005 Bankruptcy Act, July 8, 2005 PDF (136KB)
and NCLC