New Bankruptcy Laws and Their Effects

In late 2005 the Bankruptcy Abuse Prevention and Consumer Protection Act was signed into law. This law was supported and pushed by many of the larger credit card companies. With the new law many people were led to believe that filing bankruptcy was next to impossible. This is not so.

Purpose for Law Reform

The new law was mainly directed at those individuals looking at a Chapter 7 filing. A chapter 7 bankruptcy has traditionally allowed people with significant unsecured debt to simply remove themselves from any liability of paying the debt. Credit card companies felt that changing the requirements for a Chapter 7 filing would reduce their losses.

As a result there is much more paperwork involved with filing a Chapter 7 bankruptcy. The rules that determine who is eligible for this bankruptcy have been tightened and there is a new mathematical test to see who qualifies. Above all this, borrowers are required to successfully complete a credit counseling course approved by their local court six months before they can file bankruptcy.

Results of Reform

The results of the new laws have not met the expectations of credit card companies. Most of the credit card issuers felt like the new laws would prevent people from filing bankruptcy and force them to continue making payments. However the majority of people that have filed bankruptcy have chosen to use a Minnesota Chapter 13 plan. This means that the number of people filing bankruptcy did not decrease. They simply chose another plan.

In some areas, the new laws have resulted in more foreclosures. People that normally would have been able to relieve themselves of paying their unsecured debt through a chapter 7 filing have now been forced to make credit card payments and their mortgage payments. Many of these people could not afford both and have made the decision to look for cheaper housing

The Chapter 13 filing is also known commonly as a repayment plan. Within this plan borrowers, along with their attorney, examine all debts and assets and work out a mutually beneficial plan. This allows the borrower to repay their loans based on their current income. It also enables the creditors to recover most of the money that was loaned out.

In a chapter 13 filing unsecured creditors may receive up to 75% of the money that was originally loaned plus some interest. The court has determined agreeable interest rates for different types of loans such as cars versus unsecured debt. The percentage of the unsecured debt that is repaid will be determined by the borrower’s current income. A Minneapolis bankruptcy lawyer can explain how to calculate this percentage. In addition, the attorney will advise which non-debt items need to be considered when calculating the budget.

Tags: BankruptcyChapter 13Chapter 7lawMinneapolis bankruptcy lawyerMinnesota Chapter 13reform