The New Bankruptcy Law
President Bush signed the new bankruptcy code into law on April 20th, 2005. The last day to file under the old law is in mid October, 2005.
Warning: Do not wait until October to file your bankruptcy.
If you do it may be impossible to find any attorney who can file your case on time. We expect to be extremely busy at that time.
New Bankruptcy Law Summary (Read CNN article on the New Bankruptcy Law)
Current Bankruptcy Law
Eligible for Ch 7 if your expenses meet or exceed current income |
New Bankruptcy Law
Not eligible for Ch 7 if your income is over the state median income and you can pay at least $100 monthly.
May not be eligible for bankruptcy for 6 months after job loss.
|
Your actual expenses are ok |
Strict IRS collection guidelines dictate how much you can spend on home, car etc.
|
Affordable |
The new law requires attorneys to certify The accuracy of your petition. More attorney time and expense will be involved. Attorney fees will increase. The filing fee also increases. |
Actual notice to creditors Ok |
Strict notice requirements allow creditors to continue collecting against you after filing bankruptcy even if they know about your bankruptcy. |
No classes required |
Two classes required |
Not required to provide tax return to creditors |
Required on request.
Failure = mandatory dismissal. |
Click here to view –
Sections of the Bankruptcy Code Amended by the Bankruptcy Reform Act/Bankruptcy Abuse Prevention and Consumer Protection Act
|