The old bankruptcy rules allowed people to choose the chapter that was best for them. In this case most people chose chapter 7 which was more convenient. This allowed people to file for failure to pay their dues before going through credit counseling. However under the new law, this may not be applicable.
What Chapter 7 Bankruptcy Law Entails
The old bankruptcy rules allowed people to choose the chapter that was best for them. In this case most people chose chapter 7 which was more convenient. This allowed people to file for failure to pay their dues before going through credit counseling. However under the new law, this may not be applicable. The new law requires for one to first go through counseling on how to handle credit.
Chapter 7 bankruptcy is also known as liquidation. It allows for the debtor's property to be sold and the proceeds to be divided amongst the creditors. However under the new rule issued to courts, this may be difficult in that the law has been changed. For one to file a petition, one must go through what has been named as the mean test. The person's/ organization's income has to be looked into. If it passes the median, then the law does not apply. It will only apply in case the debtor's disposable income after some amounts of expenses have been reduced is below the state median.
Debtors should understand that there is an alternative to chapter 7 bankruptcy. The 11th and 13th ones have an option of having the debtor's debt adjusted. This is through a code that allows debts to be reduced to a certain amount. In this case, the debtor will be better able to repay its debt, according to the disposable income is available.
For this law to be effective, a petition by the debtors should be filed after the creditor(s) has/have filed theirs. They are also required to have a trustee appointed by the bank. The role of the trustee is to act on behalf of the debtor as far as settling the debts is concerned.
Peter Gitundu Researches and Reports on Bankruptcy. For More Information On How To Deal With Bankruptcy, Read More Of His Articles Here DEALING WITH BANKRUPTCY You Can Also Add Your Views About How To Deal With Bankruptcy On His Blog Here DEALING WITH BANKRUPTCY
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http://gitundu.com/2009/04/21/refinancing-after-bankruptcy/
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