Bankruptcy Laws

Bankruptcy Laws

Significant changes in consumer bankruptcy laws took effect on October 17, 2005, with passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.

Before that time, filing for chapter 7 bankruptcies was an easy way out of financial obligations.

Many people spent years being careless with their credit and debts because it could be fixed with a quick filing for bankruptcy.

Today, filing for chapter 7 is not as easy as it was before, because they have added several new restrictions to it.

Previous to the updated bankruptcy law in 2005, people had the ability to select the code they wanted to file under.

It did not matter the amount of income you made either.

The most obvious change was made in how a person files, based on their income; for example, people that filed for bankruptcy under Chapter 13 of the Bankruptcy Code, have the opportunity to repay some or all the debts in their name, in better terms, i.e. lower or no interest and that is unlike Chapter 7 which involves liquidation of assets.

The new law added certain limitations to be placed on bankruptcy lawyers.

It may be tougher now to find a lawyer who will represent you in a bankruptcy case.

In addition to the new income restrictions, there is also mandatory counseling that debtors must complete before and after filing for bankruptcy chapter 7.

Pre-filing, individuals must complete credit counseling and post-filing and also are required to complete some type of financial budgeting plan.

In light of our current economic situation, many feel these new standards should have been executed several years earlier.

These financial tools are designed to help people become better aware of their spending habits and to assist them in becoming more financially stable.

Similar to the changes in bankruptcy laws for chapter 7, filers for chapter 13 must provide income reports of their personal finances.

After paying for regular living expenses, any disposable income remaining must now go toward repaying any loans.

The IRS now determines the allowed actual living expenses, not the actual living expenses, if their income is higher than the median income in their state or per capita. Before filing for bankruptcy, you need to carefully consider all your options and become well informed on the legal aspect surrounding any new laws that may pertain to your personal situation.