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.

Before the changes in the law were enforced, many people were lacking in good judgment on how they used their credit, which created so much debt they would just file for bankruptcy as a quick solution.

Now that the law has changed, there are more restrictions for filing chapter 7.

Before the 2005 revision, filers could choose which 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.

Because of this, some lawyers no longer are willing to take on clients wanting to file for bankruptcy.

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

Individuals that decide to pre-file, still have to complete the credit counseling requirement and people that post-file must complete a financial budget that they will use.

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.

All disposable income left after paying actual living expenses must now go into their repayment plan.

However, now the IRS has set in place a system within each state to determine what the accepted living expense level will be, based on the average income earning per capita. Filing for bankruptcy is not a decision to take lightly, therefore you would do good to consult an attorney that can help you better understand the legalities that could effect your decision.