BAPCPA - EFFECTIVE DATES

Main Index

General Rule

All BAPCPA changes take effect 180 days after enactment unless one of the following exceptions is applicable.  BAPCPA was signed by the President (enacted into law) on April 20, 2005.  Therefore, BAPCPA takes full effect for all cases filed on or after October 17, 2005.

Code Section AFFECTED BAPCPA Sources
EFFECTIVE DATE
104(b)(1) & (2) - references to 522(p), 522(q), after 522(n)

322(b);

1501(b)(2)

all cases filed after enactment
303(b)(1)  - debt requirements for filing involuntary cases

1234(a)(1)(A) & (B);

1234(b)

all pending cases & cases filed after enactment
308 - Debtor reporting requirements for "Small Business Debtors"

434(a)(1);

434(b)

 60 days after rules are prescribed  to establish forms
363(d) - sale or lease of property in accordance with non-bankruptcy law

1221(a);

1221(d)

 all pending cases & cases filed after enactment - but court shall not confirm a chapter 11 plan w/o considering if the changes will adversely affect parties who acquired rights after the case was filed
507(a)(4)  - priority treatment of claims for wages, salaries and commissions

1401(1);

1406(b)(1)

all cases filed after enactment
507(a)(5)  - priority treatment of claims for contributions to employee benefit plans

1401(2);

1406(b)(1)

 

all cases filed after enactment
522(b)(3)(a) - reference to 522(o) and (p) (homestead exemption limitations)

308(1);

1501(b)(2)

all cases filed after enactment
522(o) - reduction of homestead exemption because of fraudulent  transfers made within 10 years before a case is filed

308(2);

1501(b)(2)

all cases filed after enactment
522(p) - limitation on homestead exemption for property obtained within 3 years & 4 months before a case is filed

322(a);

1501(b)(2)

all cases filed after enactment
522(q) - limitation on homestead exemption if debtor commits a: (a) felony; (b) securities violation or securities fraud; or (c) misconduct causing serious physical injury or death

322(a);

1501(b)(2)

all cases filed after enactment
523(a)(19((B) - debts relating to violations of any of the Federal securities laws 1404 July 30, 2002
541(f)  - transfer of property by tax exempt corporations  to non-tax exempt corporations

1221(c);

1221(d)

 all pending cases & cases filed after enactment - but court shall not confirm a chapter 11 plan w/o considering if the changes will adversely affect parties who acquired rights after the case was filed
547(i) - applicability of an avoided transfer made between 90 days and 1 year before the date of the filing of the petition, by the debtor to an entity that is not an insider for the benefit of a creditor that is an insider

1213

all pending cases & cases filed after enactment
548(a) & (b) - extending time period for avoidance of fraudulent transfers from 1 to 2 years

1402(1);

1406(b)(2)

 cases commenced more than 1 year after enactment
548(a) - all changes except changes extending time period for avoidance of fraudulent transfers from 1 to 2 years

1402(2) & (3);

1406(b)(1)

all cases filed after enactment
548(e) - 10 year time period for avoidance of fraudulent transfers relating to self-settled trusts

1402(4);

1406(b)(1)

all cases filed after enactment
727(a)(12) - denial of discharge if debtor has committed any conduct referred to in 522(q)(1)

330(a)(3);

1501(b)(2)

 all cases filed after enactment
727(d)(4) - revocation of discharge for misstatement or failure to provide documents relating to audit under 28 U.S.C. 586(f)

603(d)(3);

603(e)

 18 months after enactment
1104(e) - appointment of a trustee if management has engaged in fraud

1405;

1406(b)(1)

all cases filed after enactment
1114(l) & (m) - reinstatement of retirement employee benefits modified within 6 months before a case is filed

1403;

1406(b)(1)

all cases filed after enactment
1129(a)(16) - plan provisions relating to transfers of property in accordance with non-bankruptcy law

1221(b);

1221(d)

 all pending cases & cases filed after enactment - but court shall not confirm a chapter 11 plan w/o considering if the changes will adversely affect parties who acquired rights after the case was filed
1141(d)(5)(C) - denial of discharge if debtor has committed any conduct referred to in 522(q)(1)

330(b);

1501(b)(2)

all cases filed after enactment
Chapter 12 (1201 - 1231) - permanent reenactment of Chapter 12

1001(a)(1) & (2)

 July 1, 2005 (per Pub. L. 108-369, Chapter 12 would have expired on July 1, 2005. Reenactment continues Chapter 12 without lapse or expiration
1222(a)(2)(A) - exclusion of priority plan treatment for claims owed to governmental units as a result of a transfer of farm assets

1003(a);

 1003(c)

all cases filed after enactment
1228(a), (b) & (f) - denial of discharge if debtor has committed any conduct referred to in 522(q)(1)

330(c);

1501(b)(2)

all cases filed after enactment
1231(b) - requests for determination of tax liability by any governmental unit

1003(b);

 1003(c)

all cases filed after enactment
1328(a) & (b) - denial of discharge for post petition debts where trustee approval was not obtained

330(d)(1) & (2);

1501(b)(2)

all cases filed after enactment
1328(h) - denial of discharge if debtor has committed any conduct referred to in 522(q)(1)

330(d)(3);

1501(b)(2)

all cases filed after enactment
28 U.S.C. § 152 - relating to appointment of bankruptcy judges 1223(d) & (e)

all pending cases & cases filed after enactment

28 U.S.C. § 159 - relating to compilation of bankruptcy statistics by the district clerk

 601 18 months after the date of enactment
28 U.S.C. § 589a(b) - allocation of filing fees for the purpose of recovering the cost of services of the  United States Trustee System 325(b) & (d) Sunset Date — expires 2 years after enactment
28 U.S.C. § 1334(e) - granting jurisdiction over claims that involve construction of BC §  327 (employment of professional persons) 324

all cases filed after enactment

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Page Last Updated:  October 19, 2005