Bankruptcy – What is New With the Law

Laws are ever-changing. They are continuously evolving towards perfection. Well, we all know perfection cannot be achieved, but we do not stop trying to attain it anyway. It is sometimes hard to be updated on every minor change laws undergo, some of which might turn out to be insignificant. But when major changes are performed on a law we were once familiar with, the best idea would be to get acquainted with it over again.

As you might have heard, the bankruptcy law has suffered some large changes not so long ago. This is very important for you to know because the eligibility for each chapter has been modified. Whether you are thinking of filing a bankruptcy claim or are going to file for bankruptcy shortly, this is the article for you.

Eligibility For Chapter 7

As stated before on this article, eligibility for chapter 7 has been restricted. Prior to this law change, anyone could choose to file for this type of claim, but now those days are over. Now consumers willing to file for this chapter have certain salary caps.

For you to be eligible for this chapter, your monthly income should be equal or lower to the median monthly income for your family size set by each state. This seeks to limit high income families to file for this type of chapter. Provided that your monthly salary is higher than this median, you will have to undergo a test and pass it. This test is called “the means test”.

The “means test” should be performed as follows: subtract debt payments and some specific allowed expenses from your monthly income. This will result in what is called a “disposable income”. If this income is in fact lower or equal to your state’s median income, you will be eligible for chapter 7.

Changes On Chapter 13

The 7th chapter is not the only one which has suffered changes. Chapter 13 has also been altered. Under the new law, filers will also have to assign all of their disposable income to the repayment of the debt, but the expenses subtracted from the real income (which results in the disposable income figure) will not be their real expenses, but those which are allowed by the IRS. This change only applies if the filer’s income is higher than their state’s median. Additionally, these expenses will not be deducted from the monthly income, but from the average monthly income during the subsequent six months after filing for chapter 13 bankruptcy.

Another Change

Before anyone can file for either one of the two chapters, credit counseling must be completed. What is the purpose of this requirement? In so doing, you will find out whether filing for bankruptcy is really the best option for you or if you have other alternatives prior to filing. Even if you do have other options, it is not compulsory for you to opt for them. The only obligation you have is to undergo counseling. There are no exceptions to this rule.

As your bankruptcy case comes to an end, a second counseling session will have to be attended. You will gain knowledge on personal financial management, which, to my mind, is an excellent piece of news.