New Chapter 7 Bankruptcy Laws

New Chapter 7 bankruptcy laws require individuals to obtain a means test prior to the filing of their bankruptcy petition. This means test determines if the individual's income is higher than the median income in their area. If it is, it is then required that the individual file for Chapter 13 bankruptcy rather than Chapter 7 bankruptcy right off the bat. This is a change that moves the individual away from total discharge, as well as it allows them to reorganize (not get rid of) their debt. A five-year repayment period may be necessary to repay some of the debt. If the individual fails at the required credit counseling, they may file Chapter 7 in most cases. Because of the difficulty of processing any of these petitions, it is necessary for individuals to work with attorneys to file their claims if it is possible to do so.

Fast Facts

  • It is an estimate that 30 percent of those filing personal bankruptcy are women filing alone.
  • Twenty-six percent of filers are men filing bankruptcy alone.

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