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what is the difference between the old bankrupcy laws and the new ones?

bankruptcy law

i just want to find out how difficult it is to file for bankruptcy these days. and what the criteria is, as well.

This entry was posted on Monday, March 30th, 2009 at 8:24 pm and is filed under Bankruptcy Law. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.

2 Responses to “what is the difference between the old bankrupcy laws and the new ones?”

  1. Akbar B Says:
    April 2nd, 2009 at 3:00 pm

    It is much more stricter and you have to establish a lot of proof before they let you file or you are given an option to pay back over time instead of filing bankruptcy.

  2. Kris Says:
    April 4th, 2009 at 1:25 am

    IT is not nearly as hard as they make it out to be.

    It may seem like a lot of work to fill out the papers and make all the copies you need but that is about it.

    You first see the lawyer for a consultation.

    Then you go in and file and pay the retainer. Before they can file your papers, you have to take a pre-bankruptcy filing class/interview over the phone or in person with a govt. approved credit counseling agency. They will then tell you whether they can help you or suggest bankruptcy.

    Then once you do that class, they send a certificate to your lawyer and he can file your bankruptcy. You then do your second and last bankruptcy counseling session through the same place AFTER the lawyer has filed the papers and you have your appt set up with the bankruptcy trustee.

    Then you go see the bankruptcy trustee and he weighs the case and lets you know if he thinks you should go chapter 13 or approves of the chapter 7 filing.

    Your lawyer will know what you can file and what is best for you before you even remotely reach this point.

    Then 60-90 days after your trustee hearing, all debts should be discharged if there are not any problems.

    Also, make sure to reaffirm any auto loans and mortgages. Your lawyer will do that for you too.