Changes in Bankruptcy Laws
Saturday, August 30th, 2008During the past several years, the government has made several different changes to the laws that concern bankruptcy and the kinds of requirements that someone must meet to file for a certain type of bankruptcy. The purpose of this article is to explain some of these changes and how they affect those that are looking into filing for bankruptcy.
The first of these changes is quite a sweeping difference from previous years. Most people, in the past, chose to file for Chapter 7 bankruptcy, which calls for liquidation of the property possessed by the person filing. For most people, liquidation was a much better option that repayment. As a result, most people chose to file under the Chapter 7 umbrella, rather than struggle to repay all of the debt that they had accumulated.
Unfortunately for those that bring in a higher income, there is now a limit on filing for Chapter 7 bankruptcy. How this limit works, is that the person doing the filing must measure his or her income against the median income for a similar size of household in the state in which they reside. If their income is higher that the average, they must most likely file for Chapter 13 bankruptcy, instead. This type of declaration requires repayment of all of the debt that was accumulated. Those that fall at or below the median income for the requirement, they may go ahead and file for Chapter 7 bankruptcy, which is generally a bit easier on the pocketbook than filing Chapter 13 bankruptcy.
However, before it is stipulated that a person file for Chapter 13 bankruptcy, they must also pass the “means” test. This test determines if the person will have an adequate amount of disposable income after paying for necessities and other required debt payments. If the person in question takes the amount of money that is need to pay for allowed expenses and the required debt payments and it puts a person’s disposable income at less than a certain amount, this allows the eligibility to file for Chapter 7 bankruptcy once again.
Another of the new requirements is that a person must go through credit counseling before he or she is allowed to file for bankruptcy. This plan requires only that this person attend the counseling sessions and does not stipulate that you participate in any of the programs that the agency offers.
If a person is now allowed to file for bankruptcy, the government also requires that you attend counseling near the end of the bankruptcy proceedings. This counseling teaches personal financial management. Only after proof of this counseling is submitted will the debts that have been accumulated be erased.
