What to Consider when Filing for Personal
Bankruptcy
by: Roy Barker
President Bush in April signed into law The Bankruptcy Abuse
and Consumer Protection Act. This bill promises many changes to
law, and will make it more difficult for the average person in
financial trouble to have debts removed with bankruptcy. Recent
social and economic changes indicate that those considering a
bankruptcy should do so now, as the queue is getting
longer.
It will be now be harder to file under Chapter 7 of the
code, which allows the courts to wave consumer debt and give
the debtor a new start. Filings posted will be tested and those
who have a decent income it seems will have to file under a
more strenuous Chapter 13, which demands repayment by
installments and the assistance of a lawyer. Now looming,
bankruptcy filings are not only higher than they were
previously, but are also higher than expected. Acros the
country, filings are substantially higher than last year, and
some bankruptcy practitioners say that their business has
increased dramatically.
To make it more confusing is another law, that requires
credit card companies to establish a payment schedule that
permits consumers to repay debts in amended installments. Since
early year, most credit card providers have doubled their
minimum payments. An average person with say $12,000 in credit
card debt, will have approximate monthly payment increases from
between $150 to $450, an increase most people can ill
afford.
This increase in bankruptcy filings has overwhelmed
bankruptcy lawyers, who face a burden of being liable for false
information filed by clients once the new law takes effect.
Certainly an unwelcome change. This additional liability,
together with the additional tasks, has prompted many lawyers
to raise fees subsstantally over the same time as last
year.
What does this mean for bad debt? From here on, bankruptcy
filings will be more confusing, complicated and costly. The
system is already overloaded with bankruptcy cases. If you
suspect you're in the bankruptcy category, you should move on
it now. Waiting even another day could be too late.
About the author:
A contribution from Roy Barker owner and publisher of www.bankruptcy-aid.coma resource for
attorneys and anyone seeking information.
Circulated by Article Emporium
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