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New Bankruptcy Laws For 2009

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In the run up to the effective date of the new law, bankruptcy filings increased to record numbers in virtually every bankruptcy court district in the United States. Scary terms like "means test" and "bankruptcy credit counseling" seemed to drive people out of the wood work to beat the deadline.



After the law changed, many lawyers who used to file bankruptcy under the old law simply gave up filing bankruptcies because of a perception that the new bankruptcy law is overly complicated and time consuming.

Filing bankruptcy under the new bankruptcy is a bit more complicated and is certainly more time consuming, but with effective bankruptcy counsel, successfully restructuring your debt is still possible.

One of the most feared provisions of the new law is the bankruptcy means test. The bankruptcy means test is a calculation used to determine what type of bankruptcy a debtor might file. To simplify things, the bankruptcy means test requires a debtor considering bankruptcy to be matched against the median state income of the debtor's state of filing.

Debtors who are over the median state income may have a more difficult time filing a chapter 7 bankruptcy and might have to file a chapter 13 bankruptcy which requires a monthly repayment to the bankruptcy court. The bankruptcy means test will not prevent a debtor from filing a bankruptcy; it will only help determine what type of bankruptcy must be filed.

Most bankruptcy attorneys are finding out that the majority of people considering bankruptcy seem to be under the median state income initially and mostly unaffected by the bankruptcy means test.

Another requirement that seemed to strike fear in the hearts of debtors and attorneys everywhere is "bankruptcy credit counseling". The new bankruptcy law requires every debtor considering bankruptcy to complete bankruptcy credit counseling within the six months preceding the filing of the bankruptcy.

Most bankruptcy attorneys are finding that the counseling requirement has not been much of an issue. Most debtors choose to do a brief telephone counseling session and the maximum cost to the debtor is set by law and cannot exceed $50.00. For a list of available bankruptcy credit counselors, check http://www.BankruptcyCreditCounselors.com.

Don't let the new bankruptcy law scare you. If you need help, get help. Consult with an expert bankruptcy attorney in your area that offers free consultations to explore all of your bankruptcy options.
New Bankruptcy Laws For 2009
Things happen. No matter how hard a person tries, sometimes events in a person's life turns everything on end and creates havoc. Often, this results in serious financial challenges which leads people to seek bankruptcy relief to help them recover from such problems. If you happen to live in California, then there are some California bankruptcy laws that apply specifically to that state.

In California, bankruptcy laws are basically derived from the US Federal bankruptcy statues and codes, or Title 11 of the United States Code. However, the state has allowed for some differences in the exemptions that are allowed when filing for brokeness. In general, the exemptions refer to income and assets that a debtor has which will not be affected by it, or in other words, which are exempt from the brokeness proceedings.

The laws in California allow for the use of the federally sanctioned supplemental exemptions, in conjunction with the allowed California State exemptions. This state is comprised of four areas for US bankruptcy court California districts and each of these courts is named for that district. The four districts are: the California Central bankruptcy court, the California Eastern bankruptcy court, the California Northern bankruptcy court, and the California Southern bankruptcy court.

There are two different sets of exemptions that are allowed under the California bankruptcy laws. These two classifications of exemptions are known as System One and System Two and the debtor has the ability to choose which system of exemptions they will file their bankruptcy claim form under.

Under California law, the System One option provides for a homestead exemption of up to $50,000 for a single person who is not disabled, up to $75,000 for families, and up to $125,000 for those who are senior citizens. System One also allows for the following personal property exemptions: cash in the bank up to $2,000; building materials of up to $2,000; jewelry and heirlooms up to a value of $5,000; motor vehicles up to a value of $1,900; burial plots; appliances; home furnishings; personal clothing; health related aids; food; and any money that comes from personal injury or wrongful death claims.

Additionally, System One also makes allowances for the following exemptions: insurance claims of any type; pensions; benefits such as unemployment compensation; workers' compensation claims; health aid claims; tools of the trade which includes such items as tools, uniforms, equipment, books and manuals needed to continue in a trade; and wages exempt at a minimum of 75%.

System Two exemptions of the brokeness laws in California differs a great deal from the System One exemptions. The homestead exemption in System Two allows for a maximum of $17,425 for all homestead categories. The jewelry and heirloom exemption is capped at $1,150.

The motor vehicle exemption is up to $2,775 and the trade tools exemption is limited to $1,750. System Two also limits the total amount of personal benefits that can be exempted to $17,425 and also allows for a wild card exemption of up to a value of $925. Under System Two there is no wage exemption and only ERISA-qualified pension benefits are exempt.

Because these two exemption systems under the California bankruptcy laws tend to be complex, it is strongly recommended that people hire an attorney who specializes in this area of the law for help with bankruptcy. Generally, the attorney will review your complete financial situation and make a recommendation about which of the two exemption systems would be best to use when it is time to file bankrupt in this state.
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About Author
Both Tommy C. Smith, Iii, Esq. & Mike Selvon are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

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