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The genesis of new laws and rules for Chapter 13 bankruptcy cases
resulted from highly concerted lobbying efforts over a ten year period.
During the early stages of the reform movement, credit card companies
concentrated their lobbying efforts upon their special interest niche,
and in particular, expanding the rights and recoveries received by
general unsecured creditors. Over time, as momentum in favor of reform
grew, lobbyists and political action committees representing lenders of
every stripe joined together to exploit lawmaker's unquenchable thirst
for campaign contributions. Eventually, emboldened by success, proposals
for expansive bans on discharge availability became the primary focus of
consumer case amendments.
Regarding Chapter 13 bankruptcy statutes
The effective date of the new bankruptcy Chapter 13 laws and
procedural rule amendments was October 17, 2005. All cases filed after
the effective date of the Abuse Prevention Reform Act are regulated
according to these new legal standards.
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