Sunday, 23 March 2014
BANKRUPTCY LAWS
New bankruptcy laws that passed through congress in 2005 has been implemented in the U.S. Before then, filing for chapter 7 bankruptcies was an easy way out of financial obligations.
Lots of people spend years being careless with their credit and debts because it could be fixed with a quick filing for bankruptcy, because bankruptcy laws permitted it.
Since the bankruptcy laws have changed, there are more restrictions for filing a chapter 7 .
Before the 2005 revision, filers could choose which code they wanted to file under. Income did not matter.bankruptcy laws
Here are the biggest changes to Bankruptcy Laws; those with a higher income will have to file under chapter 13 and therefore pay off some of their incurred debt. The law also imposed new restrictions on bankruptcy lawyers. It may be tougher now to find a lawyer who will represent you in a bankruptcy case.
Also in addition to the new income restrictions, there is also mandatory counseling that debtors must complete before and after filing for chapter 7 bankruptcy, under the new bankruptcy laws.
(In the bankruptcy laws), Pre-filing, individuals must complete credit counseling and post-filing, they must complete financial budgeting. These should have been implemented years before. They are designed to keep people aware of their spending and keep them on track.
Under the new bankruptcy laws, there is also a change for chapter 13 filers. There is also a new income demand. All disposable income left after paying actual living expenses must now go into their repayment plan.
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 (as provided for in the new bankruptcy laws).