If you are thinking about filing bankruptcy, then perhaps you should think twice and reread the laws first before doing such a drastic measure. Bankruptcy laws have changed and you will notice that it is harder to file bankruptcy these days than before. To give you an overview of the changes in the bankruptcy laws, here are some of the most important points you should consider.
Before, bankruptcy filers can choose between two types of bankruptcy that will work for them - chapter 7 bankruptcy for liquidation and chapter 13 bankruptcy for repayment. Most people choose chapter 7 bankruptcy plan over chapter 13. While you can still choose between these two types under the new law, there is now restricted eligibility for those opting for chapter 7 bankruptcy. Those people with higher incomes are not eligible for chapter 7 bankruptcy anymore.
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To know if you can still apply for chapter 7 bankruptcy, you should first compare your monthly income with the median income for your household size according to your state. You are still eligible if your income is less than or equal to the median. Otherwise, you have to pass the means test, which is an additional requirement for chapter 7 bankruptcy eligibility. The means test is used to determine if your disposable income can still be used to make payments in a chapter 13 bankruptcy plan. Every state has a set limit; if your income is below the limit of your state, you can still apply for a chapter 7 bankruptcy.
Another change in the new bankruptcy laws is the counseling requirements. You now have to undergo credit counseling so that you will be able to know whether you are really in need of a bankruptcy plan or you can find other ways to solve your financial problems. This has to be undertaken before any bankruptcy plan has taken place. You also have to attend another counseling session towards the end of your case regarding personal financial management. Proofs regarding your participation in the counseling sessions are required in the court so that they can wipe out all your debts.
As for chapter 13 bankruptcy, it also has become complicated since those who fall under this plan should not only hand over all their disposable income, but also calculate their allowed expense amounts. This further depletes the money of the chapter 13 bankruptcy filer. It's a whole lot more complicated than the old laws governing bankruptcy.
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