Bankruptcy Laws Get Tougher - More Expensive


If you've been thinking about filing for bankruptcy, your best bet might be to file now.

A new bankruptcy law takes effect in November that will make it harder and more expensive for most families to file for bankruptcy and discharge their debts.

The major result of the new law is that fewer people will be able to file for Chapter 7 Bankruptcy and will be forced to file for Chapter 13 Bankruptcy, instead.

A Chapter 13 bankruptcy is basically a reorganization bankruptcy. Under Chapter 13, you must file a plan with the court showing how you will pay off your debts over a period of three to five years. Once both you and your creditors agree on the repayment plan and the bankruptcy court approves it, both you and your creditors are bound by it.

Beginning in November, if you want to file for a Chapter 7 bankruptcy, there will be a qualifying test. Under this two-part test, you will first be required to apply a formula that exempts certain expenses such as food, rent, etc., to see if you can afford to pay 25 percent of your "non-priority unsecured debt" (credit cards, medical bills and the like). Second, your income will be compared to your state's median income.

If your income is above your state's median income, and if you can afford to pay 25 percent of your unsecured debt, you will not be allowed to file for a Chapter 7 Bankruptcy.

You may be able to file for a Chapter 7 Bankruptcy if your income falls below your state's median income but you can pay 25 percent of your unsecured debt. However, if the court believes you would be abusing the system by filing a Chapter 7, you can be required to file for a Chapter 13 Bankruptcy, instead.

If you file a Chapter 7 Bankruptcy today, the court will determine what you can afford to pay based on what you and the court determines are reasonable and necessary living expenses.

Under the new law, the court is required to apply living standards that are derived by the Internal Revenue Service to determine what is reasonable to pay for rent, food, etc., and how much you should then have left over to pay your debts. The IRS regulations are more stringent and if you want to contest them, you will need to ask for a hearing in front of the bankruptcy judge. This can easily mean more time and expense.

When you declare bankruptcy today, your state may allow you to keep all or much of the equity you have in your home. However, the new law places tougher restrictions on this exemption. So before you file, be sure to discuss this with a knowledgeable bankruptcy attorney so that you will know exactly how much of your home's equity you can expect to protect.

Here's another tough restriction. Under the new bankruptcy law, you must meet with a credit counselor in the six months before you apply for bankruptcy. You must also attend money management courses - at your expense - before your debts are discharged.

Understand that it takes a couple of weeks to file for bankruptcy. This means that if you want to take advantage of the current law, you should plan on filing at least by the beginning of September of this year.

For FREE help with debt and credit, subscribe today to Douglas Hanna's free email newsletter "8 Simple Steps to Debt Relief" at http://www.all-in-one-info.com.



RELATED LINKS

Accept Credit Card Payment Online

Accept credit card payment online and increase sales by 400% or more.... Find out how ...

 

Advanta Credit Cards

Apply for an Advanta credit card with 0% APR, rewards and cash back.

 

American Express Credit Card Application

Apply online for a new AMEX rewards credit card. See special offers.

 

Best Airline Miles Credit Card

Earn Frequent Airline Miles for Every Dollar Spent with No Annual Fee.

 

Best Cash Back Credit Card

Earn Up to 5% Cash Back on Every Day Purchases. Apply for Yours Today.

 

Best Reward Credit Card

Compare & Apply for the Best Reward Credit Cards with Up to 5% Cash Back Rewards and more.

 

Business Credit Card Online Application

Compare Business Credit Cards from All Major Banks. Apply Online Now

 

Chase Credit Card Application

Find Credit Card Applications from Chase & Apply Online in Seconds.

 

Citi Credit Card Application

Citibank offers credit cards that have 0% APR balance transfer options, Rewards, Cash Back, and much more

 

Credit Card Application For Bad Credit

Great card for bad credit just got better. 8.9% APR, instant decision.

 

Credit Card Balance Transfer Deal

Great Rates: Balance Transfers and Purchases. Capital One Credit Card

 

Debit Cards

Control Your Spending with a debit card. Guaranteed Approval.

 

Discover Credit Card Offer

Discover Credit Card Offers with 0% for 12 months, no fees & cash back.

 

Gas Credit Card Application

Save money at the gas pump with a new gas credit card. Apply now.

Fast Easy Payday Loan

Get the fast cash you need with an easy payday loan. Compare and apply

 

Hotel Rewards Credit Card

Earn Free Stays with a Hotel Rewards Credit Card. Apply Online Now.

 

HSBC Credit Card Application

Get 0% Intro APR, No Annual Fee, Great Service, Benefits. Apply Now.

 

Low Interest Credit Card List

Compare & Apply for Credit Cards w/ 0% Intro APR for Up to 15 Months

 

Master Card Application

Apply for MasterCard Credit Cards with 0% APR, Cash Back & No Fees.

 

No Annual Fee Credit Card

0% APR with No Annual Fee. Compare No Fee Credit Cards & Apply Online.

 

Online Car Loan Application

Loans and Refinancing for New and Used Cars. Online Approval.

 

Online Debt Consolidation Services

Consolidate your debts today - ease the strain of monthly bills.

 

Online Foreign Currency Trading

FOREX is a serious game. Play it with the pros. Start with just $50. The best trading platform available today. Start Trading and see why.

 

Online Mortgage Application

Apply online for a mortgage for your home. It's fast and easy. Great Rates!

 

Online Visa Credit Card Application

Compare & Apply for Visa Credit Cards with 0% APR and No Annual Fee.

 

Prepaid Credit Card

Get a Prepaid Credit Card with Free Direct Deposit. No Credit Check.

 

Shopping Reward Credit Card

Shopping Reward Credit Card. Fast Online Credit Card Application ... You have found the best shopping reward credit card site on the Internet!

 

Student Credit Card Application

Pay 0 Interest for 6 Months & Earn Rewards with a Student Credit Card.

 

Travel Rewards Credit Card

Compare Frequent Flyer Credit Cards Apply Now and Start Earning Miles.


MORE RESOURCES:

The week's top Personal Finance stories
MarketWatch - Sep 6, 2008
By MarketWatch In case you missed them, here are the top 10 Personal Finance stories from MarketWatch for the week of Sept. 1-5: As investors, they fly solo ...


Personal Finance: Ask bank questions when depositing foreign currency
Sacramento Bee,  USA - 16 hours ago
... hotline at (800) 992-4647 for assistance. Have a personal finance question? The Bee's Claudia Buck can help you find answers. Reach her at (916) 321-1968.


Compound Interest - Personal Finance Fundamentals
SavingAdvice.com, WA - 16 hours ago
I grew up hearing my dad say “Most people don’t know how money works.” He is a Certified Financial Planner, and while there were a few drawbacks growing up ...


Mutual Funds & Personal Finance
Investor's Business Daily (subscription) - Sep 5, 2008
BY DONALD JAY KORN In the past year, the credit crunch has spread from mortgages to student loans and other types of debt. Home equity lines of credit have ...


More Personal Finance Daily stories
MarketWatch - Sep 3, 2008
Gee, you mean I shouldn't treat unrealized profits as actual profits, thereby exacting real moentary value from an asset that has yet to transfer? ...


Personal finance chat with Dan Galli
Boston Globe, United States - Sep 2, 2008
Personal finance is challenging enough. Dan_Galli: Well, we have come to the end of another quick hour. I sincerely appreciated the opportunity to talk with ...


7 Deadly Sins of Personal Finance
SavingAdvice.com, WA - Sep 4, 2008
The following list in reverse order details 7 deadly sins of personal finance illustrated with personal examples. These transgressions delay or possibly ...


The week's top Personal Finance stories
MarketWatch - Aug 30, 2008
By MarketWatch In case you missed them, here are the top 10 Personal Finance stories from MarketWatch for the week of Aug. 25-29: Someday, we may be getting ...


Reuters

PersonalFinance: Surviving in an election year
Reuters - Aug 28, 2008
By Linda Stern WASHINGTON (Reuters) - Election years are usually good for the stock market, but this year it looks like someone forgot to tell Wall Street. ...


President of Personal Finance Strategy at Potomac Financial ...
Washington Post, United States - Aug 29, 2008
Is it time to sell some beaten-down holdings for tax reasons, and how do I decide which ones? If the investment has lost value because something negative ...

Personal-Finance - Google News

home page | article index | site map
Credit  |  Currency Trading  |  Debt Consolidation  |  Debt Relief  |  Insurance  |  Investment  |  Leasing  |  Loans  |  Mortgage and Refinance  |  Personal Finance  |  Real Estate  |  Stocks and Mutual Funds  |  Taxes

 

Copyright 2006 - SmarteCredit.Com. All rights reserved