Debt Relief Information

New Bankruptcy Law - Five Essential Things to Know


Last April, Congress passed the Bankruptcy Abuse and Consumer Protection Act, the most sweeping reform of our nation's bankruptcy laws in more than twenty-five years. Proponents of the bill argue that most consumers who file for bankruptcy do so simply because they do not wish to pay their bills. That is an arguable point, as studies show that most bankruptcy filers have suffered illness, injury or job loss. Regardless of the reasons, Congress has made the changes, and millions of Americans will be affected when the new law takes effect on October 15.

Here is a short list of the changes and how consumers will be affected.

  • Goodbye, Chapter 7 - Until now, most consumers have been permitted to file under Chapter 7 of the Federal bankruptcy code. Chapter 7 permits the court to wipe away most consumer debt, allowing the debtor to make a fresh start. The new law establishes a "means test." Anyone with income that exceeds the median income for his or her state will have to file under the stricter Chapter 13 instead, which requires a repayment schedule of up to five years.
  • Attorney problems - The more complicated Chapter 13 filings will make it necessary for filers to hire an attorney. Most attorneys who practice bankruptcy law are already reporting dramatically increased business; some are even turning clients away. If you need an attorney, hire one now, as they are soon going to be very busy
  • More attorney problems - The law also leaves lawyers legally responsible for the accuracy of the information filed on their clients' behalf. This has led most lawyers to increase their fees. Some, including those who do bankruptcy work on a pro bono, or free, basis, have decided to forego bankruptcy work altogether. In short, it will soon be more difficult and more expensive to hire an attorney.
  • Mandatory credit counseling - Congress has required that debtors obtain credit counseling from an approved agency within six months of filing for bankruptcy. As of now, this requirement is largely undefined, with rules, regulations, and qualifications for counselors still up in the air.
  • Expect to may more bills - Some obligations, such as student loans or taxes, must be paid in full even after a bankruptcy filing. The new law lengthens the list of debts that cannot be forgiven.
  • The new legislation, rightly or wrongly, makes it more difficult, more time consuming and more expensive for a debtor to file for bankruptcy. Consumers who are considering doing so should act now, as the regulations will soon become stricter. Bankruptcy should always be a last resort option, but if you cannot avoid it, you should act quickly.

    ©Copyright 2005 by Retro Marketing. Charles Essmeier is the owner of Retro Marketing, a firm devoted to informational Websites, including End-Your-Debt.com, a site devoted to establishing credit, debt consolidation and credit counseling.


    MORE RESOURCES:

    Urging debt relief for young fishermen
    Nova News Now, Canada - 10 hours ago
    by John DeMings/Digby Courier Digby-Annapolis MLA Harold Theriault is urging provincial Fisheries Minister Ron Chisholm to lobby the federal government to ...


    Nigeria: N360 Billion Debt Relief Fund - So Long a Tale of Many ...
    AllAfrica.com, Washington - Nov 17, 2008
    This is a newly built hospital under the primary healthcare scheme sponsored by the government under the debt relief funds scheme. ...


    Board to vote on debt relief for Sports Legends Museum
    Baltimore Sun, United States - 10 hours ago
    AP ANNAPOLIS - The Maryland Board of Public Works is scheduled Wednesday to vote on $444000 in debt relief for the Sports Legends Museum at Camden Yards. ...


    Debt Relief for Impoverished Nations
    Columbus Free Press, OH - Nov 17, 2008
    Debt relief or debt cancellation gives the opportunity for Heavily Indebted Poor Countries (HIPC) to reprioritize funds and focus on development, ...


    Md. board OKs help for Rocky Gap, sports museum
    Forbes, NY - 7 hours ago
    The Board of Public Works also approved $440000 in debt relief for the fiscally ailing Sports Legends Museum at Camden Yards in Baltimore. ...


    Legislation to target deceptive debt relief
    Norwalk Plus Magazine - Nov 14, 2008
    By Governor Rell's Office Governor M. Jodi Rell today announced that she will propose legislation aimed at protecting consumers from the predatory practices ...


    Give students real debt relief
    Telegraph-Journal, Canada - Nov 18, 2008
    New Brunswick has a remarkable opportunity to become a leader in post-secondary education. The provincial government, in their June 2008 Action Plan to ...


    Companies offering debt- relief services can be risky
    Arizona Daily Star, AZ - Nov 8, 2008
    Each year, thousands of consumers nationwide sign up with so-called "debt settlement," "debt relief" or "debt negotiation" companies. ...


    Debt Relief Offers Families a New Direction in Life
    PR-Inside.com (Pressemitteilung), Austria - Nov 17, 2008
    Due to the advent of debt relief, many families have found themselves in a much better position than they would've ever imagined before going into debt ...


    Summary Box: Banks ask for credit card debt relief
    Forbes, NY - Oct 30, 2008
    By AP 10.30.08, 5:45 PM ET CREDIT CARD CALAMITY: Consumers, even those with solid credit records, have been defaulting at high levels on their credit cards. ...

    Debt-Relief - Google News

    Supplementary Article

    Debt Relief From Debt Consolidation

    11/20/08

     by: Jakob Jelling

    If you are up to your neck in debt, there may seem like there is no relief in sight. In fact this is not necessarily the truth. There are ways to take all of your stifling bills and roll them up into one neat package by using debt consolidation in two very popular forms Home Equity Loans, Refinancing Loans, and a Consolidation Credit Card. All of these instruments provide the debtor with one thing “relief” from the current debt by shrinking it down to a single manageable debt.

    Using home equity to consolidate debts

    One of the popular methods of debt consolidation today is the Home Equity Loan. What happens is that the debt is extinguished using the equity from a homeowner’s home. A loan is created outside of the mortgage in order to satisfy the debts. Should the homeowner default on the loan, their house is in jeopardy of being foreclosed upon if that loan is not satisfied with a specified amount of time.

    Refinancing loans

    People often consume the debt by rolling it into a new mortgage. This way the house costs more money to the borrower, but the debt is extinguished at close and the debt is neatly rolled away into the mortgage securely. Upon settlement of the loan, the debts are paid in full and satisfied. The clock on the mortgage is reset to day one.

    Credit card consolidation

    A low interest credit card is offered to the borrower to include any outstanding credit and loan balances. The interest rate is a low fixed rate for a period of up to one year, upon the year’s end it will resume at its normal rate. Upon acceptance and terms the account should be closed once paid in full and payments be made directly to the new credit card provider. Some people have been able to master paying off one credit card with another to keep the debt revolving and interest rates low. Some people fail to close out the previous creditors account and run them back up again as well.

    All three of these options provide solid relief for the debt and help them reconstruct and manage their debt better.

    By Jakob Jelling


    http://www.cashbazar.com

    About The Author

    Jakob Jelling is the founder of http://www.cashbazar.com. Visit his website for the latest on personal finance, debt elimination, budgeting, credit cards and real estate.

    home | site map
    © 2006