Mirror of Justice

Consumer Education is Key When Considering Bankruptcy

July 17th, 2009 at 08:57am Under Consumer Law

Only a few short years ago, it used to be fairly easy to file bankruptcy, almost as easy as it is in the board game of Monopoly, where the ramifications of doing so were about the same as in Monopoly. But it was determined that so many people were taking advantage of bankruptcy to compensate for a lack of financial skills, a lack of money management, and basically attempting to lead a champagne lifestyle on a beer budget that the bankruptcy laws were recently changed.

To be sure, the bankruptcy laws still vary from state to state, but there are some things that even state legislature cannot disagree on if they conflict with the federal bankruptcy laws. Even at this, some people have attempted to file bankruptcy in a state that may have more lenient bankruptcy laws than the state in which they have listed as their address of residence, and one of the things that the new bankruptcy laws is doing is ensuring that people who file bankruptcy do so in the state in which they live.

Another requirement of bankruptcy with the new laws is that the person filing bankruptcy is required to attend credit counseling sessions and financial education courses. While this is still part of the law and you can expect that requirement into the foreseeable future, studies are starting to show that such a requirement has so far failed to deliver the positive results that were expected, and in fact have delivered very few significantly measurable benefits to the consumer.

Is there a value to requiring consumers to spend (or as some say, “waste”) their time on credit counseling and financial education courses before being allowed to file bankruptcy? Many are saying it makes no sense at all. On one hand, the advocates who say it makes little sense are right, since by the time a person is so far in financial distress that bankruptcy is their most viable option, the time for financial education and credit counseling has long since passed. But on the other hand, how do you require someone to attend those classes and counseling sessions BEFORE they get into a bankruptcy situation, since the vast majority of people are unwilling to admit, even to themselves, that they are heading in the wrong financial direction.

Good consumer information about bankruptcy is one answer. While the government or the state cannot protect each and every consumer from financial folly, nor can they force the consumer to attend courses or counseling, they can put the monkey on the consumer’s back by making information about bankruptcy available, perhaps even at no charge. The vast majority of consumers have no clue about the various chapters of bankruptcy and which one they should choose if they get into a bankruptcy situation.

Moreover, most consumers think of bankruptcy as their only option, when in reality the act of declaring bankruptcy should be the option of last resort. There are many viable alternatives to bankruptcy, most of which do not have the long-lasting negative impact on the consumer, such as the fact that bankruptcy stays on one’s credit report for the next 7 to 10 years. Consumers should be taught about the options that are available before considering the “act of last resort”, which is bankruptcy. For example, debt consolidation firms can pull a consumer out of the financial fire without requiring bankruptcy in many situations.

Consumer education about bankruptcy is paramount, and every consumer should make a point to understand at least the basics of bankruptcy, what it means, how it works, and most of all, what viable alternatives to bankruptcy are available.

Understand your Lack of Options With Bankruptcy Law

July 17th, 2009 at 08:53am Under Discrimination Law

Contemplating filing for bankruptcy is a decision that no one looks forward to making. If there was another way, you would take it, but sometimes filing for bankruptcy is the only option. It is not an easy decision, nor is it one that should be taken lightly. You have talked to attorneys and found out their fees. You are already struggling financially; you are debating about filing for bankruptcy on your own, and save your self the attorney fees.

The new laws have made it much more difficult to file for bankruptcy without an attorney. There are new requirements and qualifications for filing the different chapters of bankruptcy. For example, every person that wants to file for bankruptcy must pass a means test. A means test is a test based on all of your expenses and all of your income and this helps you know whether you qualify to file a Chapter 7 or if you must file a Chapter 13.

If your income is greater than what the state’s median is set at, then as far as the government is concerned, you are capable of paying some of your unsecured debt. The court can also say that you have to file a Chapter 13 if they believe that you are abusing the system by filing for a Chapter 7. In essence, you must be approved to file for bankruptcy, especially a Chapter 7. In other words, just because you file bankruptcy does not mean that you will be able to file bankruptcy, because it may not be approved, which is another reason to have a bankruptcy lawyer involved and not attempt it on your own.

This alone is reason enough to sit and talk your case over with an attorney to make sure that you are filing for the correct bankruptcy. Have your attorney go over your income and expenses with you to make sure that you are disclosing everything. You are asking for trouble if you don’t. The government is fine with you filing your bankruptcy yourself, but the U.S. Trustee still holds you to the same guidelines it holds the attorneys to. You must know the law and what it requires, and if you do not deal with bankruptcy law as a vocation 40 hours a week like a lawyer does, you may be asking for even more trouble.

Retaining an attorney to help you go through the bankruptcy process also insures that you go to court with all the proper paperwork, and that your documentation is in order and correct. Having an attorney also helps to answer questions as you receive the various letters from the court and creditors after your “Meeting of the Creditors” court hearing.

Additionally you will not be able to file bankruptcy until your have gone through credit counseling. The credit counseling has to be done by a state approved agency, and it must be done before filing as well as after you have filed. These are two different classes and an attorney can help you make sure you are taking the right class at the right time. Often bankruptcy attorneys have computer access to those mandated classes and you can take them in their office.

Bankruptcy is not easy for anyone. Having to file is often a very emotional time for those that file. Having an uninvolved person to help make sure that you are meeting all the requirements and addressing the court and creditor issues can make it easier to get through. With the new bankruptcy laws, having an attorney to help you is really a must.

How to Deal With Bankruptcy Law

July 16th, 2009 at 08:52pm Under Discrimination Law

Bankruptcy is a very unfortunate situation and can happen even to seasoned businessman or to a new entrepreneur. To avoid falling into such a trap one should ensure to keep his or her financial health in a very good state. Filing bankruptcy is not an easy job and one has to go through a very complex process involving lot of complex court procedure. Also it affects badly your financial rating for securing loans, which you may need for business development or for your personal requirements at any future stage of your life.

Bankruptcy is a law provided for those who are unable to pay their debts and this law is utilized to provide them with a way of paying their creditors. Since there is no debtor’s prison any more, no one has to worry about going to prison because of not being able to pay. Instead, bankruptcy consolidates the debts and sets up a schedule by which the debts can be paid.

One of the main purposes of Bankruptcy Law is to give a person, who is hopelessly burdened with debt, a fresh start by wiping out his or her debts. Actually life is not always fair. Most people that file for bankruptcy do so out of necessity not because they simply want to avoid paying their debts. Of all the people that file for personal bankruptcies, nearly 40% of them file due to some financial crisis outside of their control. In many cases this financial crisis is some serious health issue.

The debtor has to file the bankruptcy report in the court to stop further payment of interest on the borrowings on account of his inability to repay with declaration that his income is not going to improve in the near future as well. This requires furnishing causes of bankruptcy viz. losses in business, family dispute, job loss, poor health or illness, heavy expanses on treatment, natural calamity resulting in damage to assets or business etc.

Economic and social changes have prompted the need for reform on the bankruptcy laws through the years. The past couple of decades have seen changes in the financial world as well as social upheaval. With credit flooding the nation the past several decades, consumer debt has sky rocketed and the rate of default on credit cards has caused many to seek bankruptcy protection. Medical problems, divorce and job losses have caused most of the Chapter 7 bankruptcies.

A record number of bankruptcies were filed in the 1980s and early 1990s. Job losses and business losses accounted for this record number of bankruptcies. Many small businesses closed during this period, but also large companies such as Texaco, Continental Airlines, Greyhound and Pan Am also filed for bankruptcy. This large number of bankruptcy filings put the bankruptcy courts in a bind to handle all of them; thus, they utilized the assistance of bankruptcy professionals to speed up the court procedure. These professionals were approved by the court to act as examiners and mediators. The key to avoid bankruptcy is being fully aware of your financial standing at all times. Record your bill payments. You should know if you miss a payment. Try to forecast your ability to pay your bills into the future. If you constantly keep on top of your bills, your spending habits and your ability to earn in the future, you can easily avoid bankruptcy.

New Bankruptcy Law

July 16th, 2009 at 02:52pm Under Discrimination Law

It is imperative that both the debtors and creditors should be aware of the new bankruptcy laws so that they can save themselves from any unwanted future mishap. The U.S. Congress has made enormous changes that came into existence from October 2005.

There are some facts that are related to bankruptcy which are the main causes that bankruptcy law needed to be changed. Some of the facts are:

The filing of bankruptcy has just increased twice in the year 1995-2004 and the credit card companies were earning tripled profits. Approx. 80% of the people above the age of 60 had lost their job due to bankruptcy. Last but not the least, the filers of bankruptcy had the median income of $28,000.

Now let’s go through with the new changes in the bankruptcy law. If you are filing for bankruptcy, then the bankruptcy court can ask you to go through the Means Test first. On the basis of your result only, the court will conclude which bankruptcy will suit your case the most. As per the test, it will be assessed that how much money you are holding after paying off the necessary expenses. If your money is less than the median monthly income of the state, then you are qualified for the Chapter 7 bankruptcy. On the other hand, if your money is more than the median monthly income of the state, then court will ask you to file for Chapter 13 bankruptcy. The unfortunate part is that the day to day necessary expenses will be decided by the IRS instead of you. The court and IRS will allow you minimum allowable expense only.

These above bankruptcy laws will be a great help to you before filing bankruptcy so that you can estimate which chapter is best for you.

Insights Into Chapter 7 Bankruptcy Law

July 15th, 2009 at 02:57pm Under Consumer Law

When an individual consumer, not a business or corporation, is looking to file for bankruptcy, it is almost always most appropriate for them to either file under Chapter 7 bankruptcy law or Chapter 13 bankruptcy law. The majority of consumer bankruptcies are filed under Chapter 7. In Chapter 7 bankruptcy, the consumer is able to get rid of almost all his debts, thereby providing them with the chance to start over again, where their focus would be on rebuilding their severely tarnished credit report.

That last sentence is important to realize for anyone considering filing bankruptcy under any chapter or code. If your bankruptcy is approved by the federal bankruptcy courts after an extensively and detailed look at your current financial situation, the bankruptcy will be highlighted and readily visible on your credit report from each of the major credit bureaus for the next seven to ten years. This is a big reason why it is important to consider the act of bankruptcy as a last resort option, where you have thoroughly examined and evaluated each of your bankruptcy alternatives and found that proceeding with the bankruptcy petition is really your best option in your circumstances.

Even with the drastic changes in the bankruptcy laws in recent years, it should be noted that the underlying PUPOSE of filing Chapter 7 bankruptcy has not changed. But with that said, be aware that the changes in the bankruptcy laws have significantly changed the method and procedure for doing any kind of bankruptcy, including Chapter 7.

For the consumer considering chapter 7 bankruptcy, this is most often caused by a huge pile of debt, usually credit card debt and usually with high interest rates, where the consumer is unable to pay even the minimum amount due each month. Note that “fault” is not assigned in a bankruptcy hearing. The financial situation of the consumer may have come about due to things out of the control of the consumer, not due to the financial mismanagement of the consumer. The most frequent causes that lead up to this situation are a job layoff, high unexpected medical expenses that are not covered under one’s health insurance plan, a hotly contested divorce settlement, and too many other things which are out of the consumer’s direct control to list here.

This can be a problem. Most consumers really want to pay off their debt if they had the ability to do so. But a consumer with, for example, $60,000 or more in debt could find themselves continuing to pay on that debt for the next 20 years or more, even if they did not acquire additional debt and even at low or no interest rate being assessed.

After the bankruptcy petition is filed, the consumer needs to show up in court on a specified date, a date of which all his creditors have been notified of, and each side presents their case. The creditors, if they show up (they often do not) may argue that money was loaned to the consumer with fair expectations of repayment. It is ultimately up to the bankruptcy judge to decide how to proceed, and there is not a set or established standard for how this plays out, since each individual case is different.

Although Chapter 7 bankruptcy could conceivably be done without a bankruptcy lawyer, this is strongly not recommended. With the changes in the bankruptcy laws, compounded with variations of the law from state to state, the consumer could find himself spending more time and money that what the lawyer fees would have come to, and it is almost always worth the investment in a bankruptcy lawyer to guide you through the process, since they have a very thorough understanding of bankruptcy law and what the variations are in your state.

The New Bankruptcy Law and Some Key Changes

July 14th, 2009 at 08:53pm Under Discrimination Law

The new bankruptcy law that has come into effect has a few major changes that state how bankruptcy will be treated by the government and by the people. So it would be wise for any individual who is thinking of filing for bankruptcy to be well-informed of the new law and all the important changes in it.

One of the main changes is about mandatory credit counseling. Anyone who wants to file for bankruptcy will now have to undergo this counseling and it will have to be done by government-accredited counselors. This measure has been introduced probably to make people aware just how serious bankruptcy is. So many people think of getting into this without thinking about how big a step this is and what the consequences can be. With this counseling being mandatory, hopefully there will be a fall in people filing for bankruptcy and a rise in credit ratings of a lot more individuals.

The second change pertains to the ‘means test’ and it hopes to deter people from filing for bankruptcy just so that they do not have to pay their debts. With this, the government hopes to screen people who file under Chapter 7 to find out if they really are at the end of their tether and cannot pay their debts. It just makes sure that people take their liabilities a bit more seriously and do not resort to filing for bankruptcy just to get out of paying their debts.

There is a move for more to file under Chapter 13 where people can consolidate their debts and then repay them in regular amounts that they can afford. So people get a lot more serious about their debts when they realize that they cannot just be written off but that they have to repay them. However, they can do so in amounts which are more reasonable as far as they are concerned.

Another change is that there are not so many protections anymore. Earlier, filing for bankruptcy meant that the person was protected from all his creditors, no matter what. Now, this ‘automatic law’ has some provisions. Just because a person has filed for bankruptcy, it is not as though he cannot be thrown out of the house he hasn’t finished paying for or his license not suspended or that he can’t have divorce proceedings started against him. The law no longer renders creditors powerless and there is better justice all around.

The new law has a high priority for alimony and child support. So the first amounts are paid out here rather than to the creditors. Earlier, creditors were given first priority when the assets were taken over. Now, family members and their needs come before them. It’s one way of making sure that those who actually need the money get it first.

Those who file for bankruptcy have to attend financial-management lectures too. The attendance at these is compulsory. The debtors have to sit through workshops and seminars so they understand how to manage money. A fresh new start does not mean that their lack of financial management skills will be overlooked. They have to be equipped with these skills so it does not happen to them again. The government hopes that with this law, there will be no inclination to try and file for bankruptcy again.

Don’t Attempt Bankruptcy Without Knowing Bankruptcy Law

July 14th, 2009 at 02:52am Under Discrimination Law

If you think that you have nothing now, the new bankruptcy laws could even shrink that! The new bankruptcy law overhauls the laws that were modified in 1978. It not only tightens the requirements for those who want to file for bankruptcy but for their attorneys as well.

These are several of the major changes that were initiated under the new bankruptcy law:

The World of Law 101

July 13th, 2009 at 10:37pm Under Environmental Law

The most experience the majority of people have with lawyers is through lawyer jokes. Attorneys are notorious for charging extremely high hourly rates, being argumentative, and needing to be right all the time. To convince a group of people they have never met before to agree with them over someone else is their job so they need to be self-assured and aggressive. If you are someone who thinks this job sounds like fun and you think you have what it takes to do well in this field, then you should definitely try it. The job itself is a large amount of work but if you know that this career is the one for you then you need to get started.

In order to get a better idea if the law is a great fit, you need to talk to a few lawyers (preferably ones in different fields such as bankruptcy law and criminal law), sit in on a few law school classes, and observe a trial. Research what the law really is. Ask the people you talk to what their normal day looks like and what they love and hate the most about their jobs. The more information you gather now, the more prepared you are. If you are still interested after you hear even about the downsides, then you need to start applying to law school.

Law school applications are a grueling process. Your LSAT scores need to be high, your recommendations need to be strong, and you need to have a great undergraduate academic record. Individuals in the law school admissions department are looking for individuals that can handle the rigorous course load and schedule of studying law. If they think you are a strong candidate, you will have no problem earning acceptance letters.

Once in law school you learn the basics before you advance onto more specific types of law. If bankruptcy law is what you are most interested in, that is great but you need to spend time learning about the law in general and the practice of it first. You might even change your mind and decide you would prefer to not deal with Chapter 11 or  Chapter 7 bankruptcy and want to pursue environmental law instead. Good luck with your new career! 

Bankruptcy Law: What You Need To Know

July 13th, 2009 at 08:53pm Under Discrimination Law

Until just a few years ago, filing for bankruptcy was fairly easy. Not anymore. When Congress changed the nation’s bankruptcy laws in 2005, many debtors found the new “Bankruptcy Abuse Prevention and Consumer Protection Act of 2005,” to be more hindrance than help in overcoming past mistakes and starting anew.
The new law is stricter, featuring more requirements than ever before. It is important for anyone considering filing bankruptcy to understand the following:
Credit Counseling:
It doesn’t matter whether you file for Chapter 7 bankruptcy that discharges your debt or Chapter 13 bankruptcy which enters you into a repayment plan with creditors, anyone filing bankruptcy is required by law to attend credit counseling by a court-approved counseling service.
Chapter 7 Filings:
Under the new law, it is no longer your right to be allowed to file Chapter 7 bankruptcy. If, after proving your income the court determines that you make more than the medium income within your state, you may be required to file Chapter 13 bankruptcy instead and enter into a repayment schedule to pay back all (or most) of your creditors.
Chapter 13:
It is not uncommon to find your repayment schedule a bit more than you can financially handle under a Chapter 13 filing. The amounts you must repay each month are calculated according to specialized guidelines that take into account your income in the last year (not what you make now), and your assets.
Residency:
While everyone must obey federal bankruptcy laws, some states offer their own, more lenient exemptions. The new federal law, however, requires residents to live in a specific state for a specified amount of time (usually at least two years) in order to qualify for any state-exemptions.
Allowable Expenses:
In the past, those filing bankruptcy could virtually erase their debt and start new in seven years, while continuing to live the lifestyle they’d grown accustomed to. That’s no longer the case.
Under new federal bankruptcy laws, the IRS determines your monthly budget, and what you should be able to repay. Most are forbidden from having cell phone expenses as well as cable TV, high-speed Internet access, movies, meals out with the family, and anything else beyond the minimum allowable expenses as determined by the IRS and the courts.
Bankruptcy isn’t what it used to be, thanks to millions of Americans who abused the system in the past. Once reserved for people in dire financial situations to help them free themselves from excess debt and start fresh, today’s bankruptcy laws are designed t punish those who have been financially irresponsible and force them to pay back most or all of the debt they’ve accumulated. While filing for bankruptcy may have once seemed like a good way out of a bad situation, many consumers are now opting to try and fix their financial woes themselves in lieu of letting the government fix it for them.

It Is Extremely Important That You Know The Bankruptcy Law Before Filing

July 13th, 2009 at 02:53pm Under Discrimination Law

The new bankruptcy law is even harsher that the old one, which was established in 1978. It tightens the requirements of those who are filing for bankruptcy and for the attorneys that are helping them.
Protection To The Borrower
Being unable to pay back debts can lead people into filing for bankruptcy and the laws in this regard are very clear that creditors may not contact the borrower, after the borrower has filed for bankruptcy, though some creditors feigning ignorance of such filings may continue contacting the borrowers. This is the time when the borrower needs legal help and an attorney who knows the bankruptcy laws should be made to step in and tell off the offending creditors and inform them about the laws that are meant to protect his client. Such a course of action will definitely help to put an end to unnecessary harassment and provide the borrower with some relief.
Things Worth Knowing About How To Choose A Bankruptcy Lawyer
A bankruptcy lawyer is the right person that you need to turn to when you are under a whole lot of debt and when there are other complications in your financial situation, and the reason for this is the lengthy and complicated documentation involved which only a qualified legal professional would be able to sort out on your behalf. It goes without saying that a bankruptcy lawyer has in-depth knowledge about laws, regulations, rules as well as options and your rights that are related to your particular situation.
Given that bankruptcy is anything but simple and in fact quite complicated, you would not know how to proceed and get the bankruptcy decided in your favor on your own which means hiring a bankruptcy lawyer who will help in making the whole process smooth and efficient and most important of all, have the case end up in your favor as far as is possible.
Locating a good bankruptcy lawyer is important and you ought to choose one with experience and who has a good reputation, though another important aspect to choosing your lawyer is that you gel well with him or her. Also, remember to get everything down in writing before hiring your lawyer.
In fact, bankruptcy laws have especially been formulated to protect borrowers from creditors and their main purpose is to protect individuals who perforce need to file for bankruptcy and need to be saved from the harassment from creditor’s hell bent on recovering their dues.
After all is said and done, creditors will still walk a very thin line even in spite of knowing the laws which means that if you are filing for bankruptcy, be sure to engage a good lawyer who is well conversant with all the bankruptcy laws and who will act professionally in dealing with the creditors on strong grounds and thus provide you with much needed relief.