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"The worst bankruptcy in the world is the person
who has lost his enthusiasm." ~ H. W. Arnold
On October 17th, new laws will go into effect, making it tougher for
individuals to file for bankruptcy. The new rules have been given a great deal
of publicity; so many consumers are rushing to file prior to the new law taking
effect. According to the American Bankruptcy Institute, the number of filings
was anticipated to increase another 10% to 20% by the end of the third quarter
2005…and second quarter 2005 was the largest single filing quarter in history
with 458,597 filings.
So what is changing so drastically with the new
laws?
First of all, the costs associated with filing for bankruptcy will most
likely increase by three to four times the current amount, purely due to the
complexity of the new law. Second, the new law requires that prior to filing
bankruptcy, an individual must have sought credit counseling from an approved
agency, within the six months proceeding filing for bankruptcy. Third and probably most dramatic, many bankruptcies will now
have to use Chapter 13 – a reorganization of debt – as opposed to the more
commonly used Chapter 7 – more often a complete clear out of debt, allowing the
protection of certain assets.
Chapter 13 requires that a plan be filed with the court to repay the debts
associated with the bankruptcy in three to five years. But if the filer could
not keep up with the set payment plan, the individual could change the
bankruptcy from a Chapter 13 to a Chapter 7 and have the remaining debts
cancelled. The new law may no longer allow individuals to make this switch.
The rule reads that if someone earns less than the median household income
for their state, they will be allowed to file Chapter 7. But if someone earns
more than the median income and can afford a $100 per month debt payment, then
generally Chapter 13 will be the only option. And the IRS will be the ones
determining this based on the persons income and expenses – the individual will
not be allowed to make this determination.
As always, it is important to seek the advice of a
legal professional on laws governing your particular
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