There is a new bankruptcy law that has come
forth recently and it will change the way we bankrupt
ourselves forever.
George Bush's Bankruptcy Abuse Prevention and
Consumer Protection Act is going to make it much harder for everyday
folks like you and me to file for Chapter 7 bankruptcy. Chapter 7
bankruptcy is the most common type of bankruptcy that there is. This
is the type that allows you to write off your debt while keeping
your car and your primary residence.
With the new laws you will instead have to file
for Chapter 13 bankruptcy, which is a whole different process. With
Chapter 13 you will have to pay back most of your debts, the only
change they have made to this law is that instead of 3 years you
will now have 5 years to get back on track. There is a formula that
will determine just how much you will have to pay your
creditors.
George Bush's Bankruptcy Abuse Prevention and
Consumer Protection Act has most people wondering if they are going
to be eligible for Chapter 7. To find out for sure you will have to
pass a means test and if it turns out that your total yearly income
is greater than the median income of the state that you live in then
you will not be able to apply for Chapter 7.
Most of your retirement savings will be safe
when you file for bankruptcy under the new law. Your IRAs will be
safe up to the one million mark and rollover IRAs do not even have a
limit so they are protected as well. You can also repay pension
loans. All of this means that you will still have a secure future
when you get to retirement age, which is a major concern for all of
us.
Your home will be exempt from creditors but this
does not mean that you can file away some of your assets in a brand
new home. When you file you will have had to be living in your
current house for at least forty months or else the amount exempt
will be capped at $125,000.
Filing for bankruptcy will also cost you
significantly more than it used to under the new George Bush
Bankruptcy Abuse Prevention and Consumer Protection Act. And the
fees that lawyers can charge you will soar as well. They can
actually double. Not only that but you will now have to take part in
credit counseling. Before you choose a credit counselor beware, as
there are many of them out there that will rob you blind. Checking
with your local Better Business Bureau will give you a good idea of
which ones to avoid and which ones to
use.