October 31, 2008, Newsletter Issue #88: How Bankruptcy Law Reform Might Affect You

Tip of the Week

Bankruptcy law reform took effect in October 2005, and may or may not affect you. If your income is less than or more than the “median income” in your state of residence, your bankruptcy filing options may be affected. If your regular, verifiable income is more than your state’s median, you may be allowed to file Chapter 13 (wage earner plan) only. However, if your regular monthly income is less than your state’s median income, you will still be permitted to file either Chapter 7 or Chapter 13 petitions. Your bankruptcy lawyers will help you compute the necessary information to substantiate your situation. You will, however, in either instance, have to take a credit counseling course, prior to your bankruptcy filing. While some have criticized this new requirement, you might receive some good information about credit management after one of these courses. You need to show evidence you have completed one of these sessions to file a successful bankruptcy petition.

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