Recent legislation passed by Congress has brought about the most sweeping changes in U.S. bankruptcy law in twenty five years. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 will eliminate the opportunity for most Americans with debt problems to file for bankruptcy under the rather forgiving Chapter 7 of the bankruptcy code. A Chapter 7 filing allows the court to wipe out most personal debt, allowing the debtor to begin over again and make a fresh start.
Proponents of the bill, including the major credit card companies, claim that this is costing them millions of dollars per year.
The new law will require most filers to file under Chapter 13 instead, which requires a five year, court-ordered repayment plan. The credit card companies say that this will save them money, and that savings can be passed on to customers. Some filers will still be able to file under Chapter 7, provided that they pass a “means test” which determines their eligibility in terms of annual income.
Most will have to file under the more stringent Chapter 13. One thing will remain the same no matter how the debtor files for bankruptcy - student loans are exempt from being eliminated in court.
Bankruptcy is not a free ride; it does come with some strings attached. The filing will remain on the debtors credit report for ten years, and may affect future attempts to obtain loans, housing or a job. Furthermore, the debtor may not file for bankruptcy again for another six years, so any debts incurred after the filing must be paid in full.
Several years ago, Congress enacted legislation that exempted student loans from elimination through bankruptcy. This applies not only to Federally issued student loans, but also to privately funded, for-profit loans. What this means is that anyone with a student loan, even if it amounts to more than $100,000, must repay it, even after filing for bankruptcy. Other personal debts may be wiped out, but the student loans will not go away.
For those with large student loan obligations, it may be worth their while to seek consolidation through their lender. If that is not an option, the borrower should see if it is possible to negotiate a more favorable repayment plan. It may also be possible to consolidate the payments through another loan, such as a home equity loan or home equity line of credit (HELOC)
Should any of these options not be workable, then those with student loans should be aware that their lenders and the lenders debt collectors will be remaining in touch for a number of years to come. Money spent on education is certainly money well spent, and Congress has made it clear that if you borrow money to pay for education, you will have to repay it.
Student Loan Debt Bankruptcy
People who have debt problems very often give in to unsupported myths and hearsay without ever taking the time to truly understand the law, and the implications of bankruptcy. So those people who have huge debt need to be aware of a couple major factors before running off to file bankruptcy on a whim.
It's common to hear that bankruptcy will affect your chances of getting a line of credit. In this market, many lenders are willing to take just about any chance due to the fact that the market has become so competitive. Naturally, the interest will probably be much higher, and the amount of credit much lower, but regardless, it is possible.
As for the chance at owning a home, it's been known for lenders to approve a mortgage in as little as 18 months after a person has filed for bankruptcy.
Here's how your bankruptcy can affect you and your money. Most of the savings and pensions are exempt in bankruptcy from your estate. Therefore these accounts are safe and will not be liquidated. If you have tax liens that are not paid, those are usually not forgiven. This is something that you should think about before filing for bankruptcy.
You should look for a a good financial adviser or credit counselor to help you form a financial planning strategy.
It's not easy to decide to file for bankruptcy. You've probably gone through a lot just trying to avoid it at all costs if you're like most people, but there comes a time when even trying to consolidate debt does not work. After every other option seems to be exhausted, it may be time then to find a good bankruptcy lawyer.
The best way to find a bankruptcy lawyer is through a referral. Perhaps from family members or friends who have done the same. They should be able to give you a good recommendation since they've gone through it themselves. If you have seen first hand through these people how the lawyer has conducted himself competently, then you can probably feel good about obtaining him for his services.
If there is nobody that you know to recommend a lawyer, or if you just don't to go asking around, then the local yellow pages under ‘attorney' should help you find someone in your area rather easily. Be sure that the lawyer you choose can handle your case without the burden of an already tight schedule and heavy case load.
Once you schedule a consultation don't be afraid to ask him questions. He's there to help you, not scold you as it sometimes feels. Give he or she the details of your case, let him address the questions you might have, and find out what his fees are.
Now you're on the road to fixing your financial situation.
If you don't have a bankruptcy lawyer in mind, you may want to consult the yellow pages in your phone book. Bankruptcy lawyers are listed in a special section under “attorneys”. When choosing a bankruptcy lawyer, you need to keep a few things in mind. You want to choose an attorney who does not have such a heavy case load that he can not handle your case. Try scheduling an initial consultation. When you meet with your potential bankruptcy lawyer, make sure to ask questions. Take time to discuss your case, address any questions you might have, and discuss his rates and fees.
Both Talbert Williams & Clinton Maxwell 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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