Mirror of Justice

Are You Confused About Bankruptcy Laws?

July 18th, 2009 at 02:52am Under Discrimination Law

Unless you are a lawyer, the odds are that you have not spent much time studying bankruptcy laws. If you are someone who is experiencing financial trouble personally or with your business and you find yourself in unmanageable debt, then you need to find out more about bankruptcy and ways to avoid it if possible.

At first, bankruptcy may seem like an attractive option. The goal of US bankruptcy provisions was to help the individual in debt be released from these obligations so that he can start over completely. The creditors are paid immediately but only as much as what the bankruptcy court can make after selling all the debtor’s non-exempt property and goods. Therefore, the creditors get money right away but, in all likelihood, they will not be repaid in full. Once you file for bankruptcy, you are absolved of your debts and your creditors can no longer harass you or sue you for the money. This reason is why many creditors would prefer you do not file bankruptcy in the first place, they want to receive their money back in full even if it does take longer than was originally agreed upon.

Even though Chapter 7 bankruptcy absolves your debt and allows you to start over, you are starting over with almost nothing. All of your non-exempt assets have been sold off and you have most likely lost many friends who trusted you with their hard-earned money. Your credit score also collapses. Depending on the state in which you live, the fact that you filed for bankruptcy will show up on your credit report for at least ten years if not longer. It is very difficult to start over again when you have no funds and cannot borrow money without incurring very large interest rates.

Therefore, you want to avoid filing for bankruptcy at all costs. If you feel as though you are sinking deeper and deeper into debt, you need to talk to a financial expert. They might be able to help you negotiate new contracts with your creditors so that they receive their payments in full and you can avoid the liquidation of all your assets.

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.

Bankruptcy Law

July 16th, 2009 at 08:53am Under Discrimination Law

Bankruptcy is a legal procedure in which people or businesses that are not in a position to pay their debts are dealt with. Creditors will normally file petition against individuals or businesses that are not in a position to pay their debts after a long period of time. Debtors are normally given a chance to appeal against the petition filed against them for their failure to pay their debt.  There are times when the debtors are not in a position to pay their debts as they fall due. In this case the bankruptcy law comes in handy. This law allows the debtor to divide his assets among the creditors as a way of settling the debt. This is done under the supervision of trustees who review the debtors petitions and also have the responsibility of overseeing the pay plan in the debt recovery process.In the United States of America, the bankruptcy laws are supervised in the courts in a special procedure. However with time this may not be so. The law has taken a new path meaning it will no longer be as easy for new filers to file a petition against debtors as it has been. In the past, debtors were allowed to pay their creditors as they earn, but the new law  may make this impossible.There will be a procedure where the debtors will be required to go through counseling in matters to do with handling cash and on how to manage debt. It is only after the completion of this that one’s debt can be forgiven accordingly. In the old rule, one was able to choose the best way to deal with their financial situation.

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.

Dealing With Bankruptcy Laws

July 15th, 2009 at 02:52pm Under Discrimination Law

It is always a matter of importance to keep ourselves updated with the current development and happenings that go on around us. It is especially crucial to be aware of the changing laws because you never know when you might need to face it. This is one fact that we cannot emphasize enough. Approaches to dealing with bankruptcy are guided by a number of laws. At one point or another in your business venture when you find yourself in this situation, it will require you to verse yourself well with the truths concerning the legal procedures that you should undertake as far as paying your debtors is concerned.Currently, there have been changing sections of the bankruptcy laws and they may not be as you used to know them previously. Many of the changing laws will make it a bit harder to prove your need for filing insolvency and in addition if you manage this stage, the process might take longer than expected for it to go through.Other aspects of the laws that are prone to change are the fees payable to the attorneys. It is likely that the fees will go up by up to 100 percent. The different chapters of the law will also be revised especially chapter 7 and 13. Once this takes effect, many debtors will be forced to file under chapter 13, which will see to it that debt cancellation will almost be impossible. This will prove to be much tougher on many debtors, who would otherwise prefer chapter 7 since it gives room for debt cancellation. For more information please keep yourself updated by visiting the bankruptcy law web pages.

New Bankruptcy Laws

July 15th, 2009 at 08:53am Under Discrimination Law

Someone said that the only permanent thing in the world is change itself. For this reason, we do not expect anything to last forever as it is today. What more do we need to be told? With this fact on the table, isn’t it true that we need to keep ourselves updated about the changing legislation, laws and regulations that govern our lives and our businesses?Are you a business person who has had to file for bankruptcy before, simply because you had more debts than assets and you could not manage to pay your debtors? Do you still recall what the law required of you and what the different chapters of the same required of you? Well then, all that might be changing now.There are new bankruptcy laws that are now in use and you need to familiarize yourself with them, just incase you might find yourself in this sticky situation, or you might know someone who is going through the same.  Just to mention a few of the changing rules, in the old law, if you filed under chapter 13, it was easy to determine for yourself what you would be paying to your creditors on a monthly basis but that will no longer be possible.In the new bankruptcy law, the IRS will be involved in determining what you are worth per month after deductions of your basic needs of food, clothing and rent and the remaining amount will be divided in certain proportions to your creditors. Life will be a lot harder for debtors under this new law, but when the going gets tough, the tough get going.

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! 

The New Bankruptcy Law: Information you Need to Know Before you File

July 13th, 2009 at 02:52am Under Discrimination Law

The new bankruptcy law is in effect, and the climate has drastically
changed for people who are considering bankruptcy. In this article we
will touch on some of the details of the new law, and explain exactly how
these new changes will affect you.

First, let’s touch on the new counseling requirements. According to
the new law, you must complete credit counseling with an agency approved
by the United States Trustee’s office before you can file for
bankruptcy under either Chapter 13 or Chapter 7. Because this counseling is to
decide whether you need to file for bankruptcy, or if an informal
payment plan would be a better alternative for your situation. The counseling
is mandatory for everyone, even for people who know for certain that a
repayment plan is not what they want.

However, you are required only to join in the counseling; you do not
have to go with any repayment plans the agency recommends. But if you are
given a plan, you will have to present the plan to the court with a
certificate showing that you attended the counseling before you can file
for bankruptcy. Once your bankruptcy case is over, you will have to
attend another counseling session focused on learning personal financial
management skills to complete your bankruptcy and erase your debts.

Another major change that comes with the new law effects many people
who want to file chapter 7 bankruptcy. Under the old law, most people
filing could choose between Chapter 7 and Chapter 13,and most people
chose Chapter 7. Because of the new law, many filers with higher incomes
will be prohibited from using Chapter 7.

The first step in determining whether or not you can file for Chapter 7
is to compare your current monthly income to the median income for a
family of your size in the state you live in. In the context of the new
law, your current monthly income is not your income at the time you
file, but your average income over the last six months before you file.

Once you have determined your income, measure it against the median
income in your state. If your income is equal to or less than the median,
you can file for Chapter 7. If it is more than the median, you must
pass a requirement of the new law called the means test. The means test
requires you to determine your amount of “disposable income” by
subtracting different variables from your current monthly income.

If your current monthly income after subtracting these amounts is
under $100, you pass the means test, and will be able to file for Chapter
7. If you income is more than $166.66, you will be prohibited from
using Chapter 7. Those in the middle of these incomes will be able to file
for chapter 7, but will be required to still pay a percentage of their
debt.

Yet another important change caused by the new law is that lawyers may
be harder to find, and possibly more expensive. The new law has added
many complex requirements to the process of filing for bankruptcy that
will make it more time consuming for lawyers to represent their clients
in bankruptcy cases. The end result being that attorney fees for
representation will increase. Also, the amount of time that lawyers must put
into the new regulations has increased and it is likely that it may be
harder to find a lawyer that solely specialized in bankruptcy in the
future. Many experts are predicting that the stress of these new
requirements may drive some bankruptcy lawyers out of the field completely.

Now that you know many of the changes the new bankruptcy laws hold for
your situation, be aware and file with care.

Key Features of the Bankruptcy Law

July 12th, 2009 at 02:53am Under Discrimination Law

Bankruptcy law provides for a plan that allows a debtor who is unable to pay his creditors to resolve his debts through the division of his assets among his creditors. This also allows the interest of all creditors to be treated with equality. Certain bankruptcy laws allow a debtor to continue his business and use the revenue generated to pay off the debts. An additional aim of bankruptcy law is to allow certain debtors to liberate themselves of the financial obligations they have accumulated after the division of their assets. Bankruptcy law includes comprehensive access to civil litigation, credit, consumer law and commercial transactions.

Bankruptcy cases are either voluntary or involuntary. Voluntary bankruptcy cases involve debtors petitioning the bankruptcy courts. In involuntary bankruptcy, creditors rather than the debtors file the petition. Voluntary bankruptcy cases are majority whereas involuntary cases are rare except occasionally in business settings to force a company into bankruptcy so that creditors can enforce their rights.

Bankruptcy law prohibits some filers with higher income from using chapter 7. To file for chapter 7 current monthly incomes against median income is measured. If it is less than or equal to median income, chapter 7 can be filed. If it is more, the ‘means’ test must be passed to file for chapter 7 which is the requirement of the new bankruptcy law.

The purpose of the ‘means’ test is to find out certain allowed expenses and debt payments are subtracted from the current monthly income. f the balance is below a certain amount chapter 7 can be filed. Bankruptcy law can be broadly classified as follows:

Co-operative bankruptcy is filing of chapter 7 or chapter 11 by co-operations and partnerships in which the trustee appointed by the court sells the assets and distributes the proceeds to the creditors. The trustee’s commission, priority debts and debts to unsecured creditors are paid on a pro rata basis.

In chapter 7, the debtor’s business operations cease once the case is filed. On the other hand in chapter 11 the business typically remains in operation and the debtor is given the same right as a trustee.

Personal bankruptcy is commenced by an individual filing chapter 7, 11, 12or 13. The debtor is allowed to exempt certain property (household furniture, jewellery, clothing, pensions, insurance policies and other assets) from liquidation by the trustee. Exemptions vary from State to State. The automatic stay takes effect immediately upon the filing, which prohibits collecting money, or taking property from the debtors. It usually remains in effect through out the case.

In chapter 7 bankruptcies, the debtor files a petition with the court with detailed financial information about his assets, debts and income. These papers are executed under penalty of perjury, the duration being three to four months. Chapter 11 bankruptcies are a reorganization procedure used by business partnership and co-operations. In this case, the debtor will act on his own as a trustee and is called a debtor ‘in possession.’

As a general proposition, bankruptcy laws state that older income taxes (more than three years old) can be wiped out in bankruptcy, but not the new incomes taxes. Prior to filing bankruptcy, the debtor should have his own particular tax situation assessed. As a general rule, debtors filing bankruptcy continue to complete their own returns and pay their own post-bankruptcy taxes.

Bankruptcy Laws

July 11th, 2009 at 02:52pm Under Bankruptcy Law

Bankruptcy Laws

The passage of the tough new bankruptcy laws in 2005 was supposed to benefit consumers in the form of reducing losses to lenders by making it harder to file bankruptcy. But two new reports released this week show that the new laws not only cost consumers more in terms of credit card debt, but may actually be encouraging greater losses to banks due to increased foreclosures.

According to new research, after the 2005 bankruptcy reform went into effect, both personal bankruptcy filings and credit card company losses sharply declined.

At the same time, while upfront annual fees on credit cards have been all but eliminated, fees have been climbing and becoming less transparent over the years, and there is no evidence that the 2005 bankruptcy reform reversed this trend…over-limit fees and late fees have been climbing since well before bankruptcy reform, and that this trend continued after the 2005 bankruptcy reform.

Industry consolidation in the credit card market enabled the top card issuers to avoid losses from “price wars” by reducing rates to attract new customers.

The credit card industry might also be able to avoid price competition because of complex, multi-tiered pricing that can make it difficult for customers to comparison shop. These fees and interest rates—complex in their own right—are presented in a form that is difficult to understand. Customers faced with such complex pricing systematically miscalculate and underestimate the cost of credit card debt.

A 2006 report from the Government Accountability Office (GAO) that found not only that bank fees and penalties are continuing to rise for card holders, but that credit card disclosures and explanations of fees are deliberately written in manners that make them hard to understand. The GAO also recommended in a separate report that credit card issuers use existing technology to customize card disclosures to individual cardholders, particularly those with high balances or frequent late payments.

The fact that after bankruptcy reform, interest rates and fees continued to rise and grace periods continued to fall, even though credit card companies reaped tremendous gains from declining bankruptcy losses demonstrates that the credit card market is not price-competitive. This lack of price competition explains why the benefits of bankruptcy reform accrued exclusively to credit card lenders and were not shared with the average American family, and why…bankruptcy reform was a failure.

Negative Impact

Another effect of the bankruptcy laws is the increase in foreclosures and defaults by mortgage holders who can’t afford to make payments on their homes. The more stringent bankruptcy code, by restricting financial relief available under the bankruptcy code and by increased the costs of filing bankruptcy, appears to have increased the number of individuals walking away from their homes, their mortgages, and their other financial obligations without seeking the protection of the bankruptcy court.

Under the new law, most individual filers would not qualify for Chapter 7 bankruptcy, which allows for the liquidation and erasure of most debt. Instead, they would be forced to file under Chapter 13, which requires regular payments of at least some of their debt to creditors.

The more stringent requirements of the new laws may be causing homeowners to “walk away” and let their homes go into foreclosure rather than attempt to file for bankruptcy. The restrictions on bankruptcy filings and subsequent increase in foreclosures puts downward price pressures on neighborhoods where many homes are in default or foreclosed upon.

One of the great lessons and ironies associated with [the new bankruptcy law] is that the new law by increasing the dollar value of assets susceptible to default has weakened many of the financial companies that sought the more stringent bankruptcy code.