New Bankruptcy Laws - The Impact
The new bankruptcy laws have been introduced and many are aware about the new underlying provisions. These new laws really changed a lot of things about filing bankruptcy. Making bankruptcy something that is more strict and less available.
Here’s an overview about the new bankruptcy laws.
The whole idea of the new bankruptcy laws was to limit bankruptcy filings and help to protect both the creditor and debtor. Filing bankruptcyis a difficult way out to escape from paying ones debts. With that in mind the new bankruptcy laws changed the face of bankruptcy for everyone.
The new laws restrain abrupt filing of bankruptcy. The new procedure now entails concerned individuals to have clear understanding on the implications of filing of bankruptcy. Moreover, eligibility in filing Chapter 7 bankruptcy has already been restricted to a set of income group.
Thing to Consider About Filing
Filing bankruptcy is not the final solution of your financial woes. Your financial problems will still exist even after filing. All bankruptcy can do is help you get debts under control. It is not the ultimate solution to your financial problems.
The new bankruptcy laws work hard to make sure that people understand this concept. With the counseling requirement, you will learn the right way on how to recover from your debts and how to avoid similar financial problems in the future.
Bankruptcy is hard on you and creditors. In your case, your credit rating will suffer as a result of filing. Creditors lose money over bankruptcy This is the reason why the new laws have limited access to filing of Chapter 7 bankruptcies which can erase debts and impose instead filing of Chapter 11 option which requires debt payment.
Income Limits
The new bankruptcy laws follow a framework called a means test in assessing a filer’s income levelIf the income level is deemed high enough,the filer concerned is eligible to file Chapter 7 Bankruptcy and repay debts. On the other hand, Chapter 7 can be availed of by filers with lower income level.
The said means tests consider various factors in assessing whether a debtor can repay debts under court sanctioned repayment procedure.
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. Both the stages of filing and approval require counseling sessions. 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. Filing of Chapter 11 Bankruptcy has become a requirement.
Bankruptcy should always be a final option and used only after other attempts to settle debts have been tried. It is something that willgo on your credit record for a while and can prevent you from obtaining credit in the future Additionally, you can run the risk of losingassets through the process that are seized to pay off debts. However if you are heavily indebted, resorting to filing of bankruptcy may ease up your burden since it helps you get grip in putting your finances under control.
Tags: Bankruptcy