Jason Holmes asked: Bankruptcy is a Federal Law, whereby the assets of an individual or an organization are handed over to a trustee so that the outstanding debts can be paid off. Bankruptcy is usually declared by debtor(s) when more money is required to be paid back than the debtors can afford to shell out. Financial experts suggest that bankruptcy should be treated as one of the last debt solutions.
People with debt problems try to find a solution on their own. They try out different debt solutions like debt consolidation, debt settlement and debt management program. However, it has been proved that if you take the assistance of a professional, the process of getting out of debt becomes faster.
Opting for debt help can save you from the fury of the collection agencies. The collection agencies are known to harass debtors to no end this further agonizes a debtor.
Changes brought about by the new bankruptcy law:
In the last couple of years, many changes have taken place in bankruptcy laws. The new bankruptcy law introduced recently brought about certain key changes. They are as follows-
A legitimate reason for filing for bankruptcy-
Earlier you could file for bankruptcy as per your requirements and your whims. Filing for bankruptcy was not difficult and you could start all over again if you had not been maintaining a very healthy financial status. However, with the introduction of the new bankruptcy law, several changes have set in and you are required to have a good reason to file for bankruptcy. A good reason may include someone’s death, an unexpected event etc. The reason should be legitimate enough for you to qualify.
Waiting period-
Previously, if you had been facing debt problems, you could file for bankruptcy more frequently. As per the new bankruptcy law, the waiting period before you can file for bankruptcy again has been greatly increased.
Types of debts qualifying for bankruptcy-
In previous years, a debtor could just wipe out all his debts by filing for bankruptcy. According to the new bankruptcy law, only certain type of debts can be wiped out and a debtor has to pay for the debts that do not qualify under the new bankruptcy law.
Approval from a bankruptcy judge-
The decision of filing for bankruptcy no longer rests in your hands. A bankruptcy judge has to first approve that your financial condition is bad enough for you to file for bankruptcy. It is the decision of the judge alone whether you should file for bankruptcy or not.
However, if it is found that you are eligible for filing for bankruptcy, you should always seek help from a trained professional handling such cases.
Statistical data indicating the rise in the incidence of bankruptcy filings-
The period 30th June 2007 to 30th June 2008 manifested the following changes-
Filing for Chapter 7 bankruptcy increased by 36.7% Business related bankruptcies increased by 41.6%.
Non Business bankruptcies increased by 28.4%
Total filings for bankruptcy (business as well as non business) was 617, 660 in 2006.
As of 2007 total filings recorded were 850, 912. This included both business as well as non business filings.
Statistics given here indicates that the incidence of filing for bankruptcy has increased over the years. Since the laws pertaining to bankruptcy was more lenient in the previous years, majority of the debtors seeking debt solutions used to file for bankruptcy. However, the new bankruptcy law lays down stringent rules and the decision to file for bankruptcy is at the discretion of the judge handling bankruptcy.
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