Provisions of the 2005 Bankruptcy Act?

1 Answer

Answer :

In October 2005, President George W. Bush passed the Bankruptcy Abuse and Consumer Protections act that made it more difficult for consumers to have debts discharged through bankruptcy. This affected both Chapter 7 and Chapter 13 bankruptcy, the two types most often filed by individual debtors.Specific Changes in Bankruptcy QualificationChapter 7 bankruptcy eliminates most consumer debts, with the exception of government student loans, overdue taxes, alimony and child support. In order to qualify for Chapter 7, your personal income must fall below the median income in your state of residence. The purpose of this means test is to determine if you have at least $100 a month available to repay creditors. If your income is lower than your state median, you must produce a list of your current debts, monthly expenses and income. Both your income and your debts will be evaluated for the six- month period immediately preceding your bankruptcy filing. You must present your previous year's tax return and paystubs as proof of your income.If you do not pass the means test, you are ineligible to file for Chapter 7 bankruptcy. However, you may still be eligible to file Chapter 13, which is a modified repayment plan for your creditors. Under the laws of Chapter 13, you have up to five years to repay your creditors based on a repayment schedule determined by a bankruptcy trustee. The amounts you are required to pay are determined from an expenses to income formula used by the bankruptcy court.Another change brought about by the bankruptcy reform laws is the requirement for credit counseling prior to your bankruptcy being discharged. Your bankruptcy lawyer will provide you with a list of approved credit counseling agencies where you can complete this requirement. You are also required to obtain post-filing credit counseling and submit a certificate of completion to your bankruptcy lawyer.Changes in the Automatic Stay Process and Child Support CollectionPrior to 2005, filing bankruptcy meant that most people and organizations had to stop collection activity against you. Since that time, the automatic stay no longer applies to eviction notices, divorce proceedings, suspension of your driver's license or payment of child support. If you owe past due child support, the person you owe it to will be given top priority over your other creditors to receive payment in either type of filing.

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