SOME BANKRUPTCY ATTORNEYS OBLIVIOUS TO NEW LAW

November 9, 2005

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It appears that there are some bankruptcy attorneys that are totally ignorant of the new Bankruptcy Law, the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) that went into effect October 17, 2005. Morgan King, a prominent bankruptcy expert and speaker from California, attended and spoke at the 10th annual meeting of two bar associations recently held in Cooperstown, N.Y.

According to Mr. King, also in attendance were representatives of the local bankruptcy court clerks’ office. In conversation with them, Mr. King learned that since Oct. 17 approximatley 30 bankruptcy cases had been filed with their offices, and most of them were filed by local bankruptcy attorneys. But, incredibly, the filings appeared to be totally oblivious of the new forms and provisions required by the Reform Act! In many of them, there appeared to be no effort whatever to comply with the new provisions. The Clerks’ office representatives had no explanation for how local attorneys could do this, and said simply that those attorneys were in for a rude surprise.
If some provisions are not complied with, automatic dismissal of the bankruptcy can result. Please be sure to hire a knowledgeable and expert bankruptcy attorney to file your bankruptcy!