New Bankruptcy Laws

New bankruptcy laws have made it more difficult for individuals to file bankruptcy in the United States. One of the main stipulations on the new laws is that not just anyone can file. One of the limitations is that individuals must pass a means test. This test determines just how difficult it will be for an individual to repay the debt they owe, based on their income. If an individual can repay the debt over a five-year period, as defined by the court system, then Chapter 7 total discharge is not allowable. Rather, Chapter 13, debt reorganization will be used as a method to repaying this debt. The new bankruptcy laws help to make it less likely for people who have the income to repay the debt to qualify for bankruptcy.

Fast Facts

  • In some states, there are stipulations on cash advances at or over a specific amount to minimize the risk to these establishments and to avoid individuals taking cash advance loans to pay legal fees for bankruptcy.

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