Consumer Bankruptcy Journal Winter 2018 - Page 39

Page 2 of 2 While BAPCPA purposefully makes it more difficult and complicated to file for bankruptcy, supposedly in order to reduce abuse of the system, it should not serve as a barrier for those who truly need it—like the current victims of Hurricanes Harvey, Irma, and Maria. Debtors who have faced losses because of this recent natural disaster cannot prevent such losses with credit counseling. A waiver of credit counseling is necessary to protect debtors impacted by this natural disaster from potentially having their bankruptcy cases dismissed as a result of their losses. It is critical to remember that the bankruptcy system is an important safety net for people who suffer this kind of devastation. Given what these victims are facing, we should be providing them the time to take care of their immediate needs and not blocking them from being able to file for bankruptcy. NACBA and NCLC again urge you to implement a temporary waiver of the statutory requirements for credit counseling in all of the impacted areas of Texas, Florida, and Puerto Rico following the devastation caused by Hurricanes Harvey, Irma, and Maria. Sincerely, National Association of Consumer Bankruptcy Attorneys (NACBA) The National Consumer Law Center, Inc. (NCLC) National Association of Consumer Bankruptcy Attorneys Winter 2018 CONSUMER BANKRUPTCY JOURNAL 39