Hurricane Katrina Bankruptcy Relief and Community Protection Act of 2005

Summary

Hurricane Katrina Bankruptcy Relief and Community Protection Act of 2005 - Applies the provisions of federal bankruptcy law, as in effect on August 29, 2005, to any case commenced (except under chapter 12) during the 12-month period beginning on October 17, 2005, (the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA)) by a debtor: (1) who on August 29, 2005, resided in any area declared by the President as a major disaster related to Hurricane Katrina; and (2) whose financial condition is materially adversely affected by such disaster. Authorizes the bankruptcy court to extend statutory deadlines governing debtor's submission of specified financial documentation if the debtor's status as a victim of a natural disaster necessitates such extension. Expands debtor's non-abusive monthly expenses to include actual reasonably necessary expenses incurred as a result of being a victim of a natural disaster. States that if the debtor is a victim of a natural disaster: (1) the presumption of bankruptcy abuse is inapplicable; and (2) the court may not dismiss or convert the case for either an individual (Chapter 7) or a business debtor (Chapter 11). Authorizes the court to grant an extension of time to comply with bankruptcy deadlines if it finds that: (1) it is warranted by a natural disaster in the case of a small business debtor; and (2) the debtor's status as a victim of a natural disaster necessitates such extension in the case of a chapter 13 debtor capable of making periodic payments. Amends the federal judicial code to permit a case in bankruptcy to be commenced in the district court for the district in which a person who is the victim of a natural disaster resides.

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3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 8 September 2005

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 8 September 2005

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• Introduced in Senate

  summary · EN · 8 September 2005

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