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I Know That The Bankruptcy Law Recently Changed – How Does That Effect Me?

In response to claims by creditors that the bankruptcy laws were too lenient, Congress amended the existing law in many important ways.  For example:
• A strict financial means test that will prohibit many debtors from filing a liquidation bankruptcy under Chapter 7;
• A requirement that all debtors must receive a briefing from an approved credit counseling agency at least six months before they can file their bankruptcy case;
• A requirement that debtors take an approved class on debt management techniques before they receive their bankruptcy discharge;
• A provision making it easier for a court to dismiss a bankruptcy case outright or to convert a Chapter 7 case to a Chapter 13 case and;
• A provision permitting a court to impose sanctions on attorneys, or even on debtors, for filing a Chapter 7 case that is dismissed or converted to a Chapter 13 case.

Other New Bankruptcy Law FAQs

  • Q: What Law Governs Bankruptcy?
    A: Bankruptcy is governed by Title 11 of the United States Code.  In addition, each state has laws relating to bankruptcy.

Do I Need a Lawyer to File Bankruptcy?

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