Most people have heard about the new bankruptcy laws. These new laws really changed a lot of things about filing bankruptcy. Making bankruptcy something that is more strict and less available.
The whole idea of the new bankruptcy laws was to limit bankruptcy filings and help to protect both the creditor and debtor. Filing bankruptcy is not an easy solution nor is it something that a person should do just because they do not want to repay debts. With that in mind the new bankruptcy laws changed the face of bankruptcy for everyone.
The new laws help to ensure people can not rush into filing bankruptcy. Now filing bankruptcy also includes getting educated which is aimed at helping to prevent filing again in the future. Additionally, some income groups are not able to file Chapter 7 bankruptcy anymore.
Thing to Consider About Filing
Filing bankruptcy is not an ending to financial problems. When you file bankruptcy due to severe financial problems then you will still have those problems even after you file. All bankruptcy can do is help you get debts under control. It will not solve your financial problems.
The new bankruptcy laws work hard to make sure that people understand this concept. By requiring counseling, when you file bankruptcy you will get help to learn how to get back on track financially and stay away form problems in the future.
Bankruptcy is hard on you and creditors. Your credit will suffer due to filing. Creditors lose money over bankruptcy. That is why new laws limit who can file Chapter 7 bankruptcies which wipe away debt and instead enforce filing of Chapter 11 where debts are repaid.
Income Limits
The new bankruptcy laws require a means test which will determine the income of the filer. If the income level is deemed high enough a person will have to file Chapter 11 and repay debts. Lower income filers will still be able to file Chapter 7.
The means test weighs a variety of factors to determine if a person can afford to repay debts under a court sanctioned repayment process.
Counseling Requirements
The counseling requirements of the new bankruptcy laws are in place to help ensure that everyone filing bankruptcy understands the process and understands the importance of getting their personal finances under control.
The counseling sessions are required before filing and then again before the bankruptcy is finalized. These classes are mandatory no matter what type of bankruptcy is being filed.
The new bankruptcy laws were put in place to stop abuse of the system and process. Creditors benefit greatly from the lower number of Chapter 7 filings under these laws. Many people who go to file must file a Chapter 11 bankruptcy now under the new laws.
Bankruptcy should always be a final option and used only after other attempts to settle debts have been tried. It is something that will go on your credit record for a while and can prevent you from obtaining credit in the future. Additionally, you can lose assets through the process that are seized to pay off debts. Overall, though, if you are in serious debt bankruptcy may be the key to getting your finances back under control.
By: Joseph Then
Posts Tagged ‘Debts’
New Bankruptcy Laws – New Challenges
April 3rd, 2010Time For A Constitutional Convention
February 6th, 2010When in the course of human events it becomes clear that a portion of the American public no longer understands the clear and unambiguous words of our Constitution it is necessary to further clarify already simple and plain language that even your average third grader in 1776 could have understood. As such I propose that the time for a Constitutional Convention to aid in the process of dumbing down the Constitution of these United States is at hand and I do propose the following amendments.
Please forgive me for, what will be seen by many, as a radical step, but I propose nothing that I do not deem absolutely necessary for the furtherance of this good Republic and the proper functioning of our government.
Amendment XXVIII
In order to make clear that there is a limit on the power of Congress to tax the public and spend taxes that are gathered, the words “as defined only by the following list of obligations” should be added to Article I, Section 8 of the United States Constitution so that it will read: ”The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States as defined only by the following list of obligations; but all Duties, Imposts and Excises shall be uniform throughout the United States;” in order to make it clear what James Madison and the founding fathers meant when they wrote it (ref: Federalist 41 by James Madison). » Read more: Time For A Constitutional Convention
