What is the New Bankruptcy Legislation?

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Written on 8:57 AM by zorayda

Starting October 17, 2005, new bankruptcy legislation requirements were introduced to the public. Under the new bankruptcy law, filing for bankruptcy has become a more complicated process.

First of all, filing bankruptcy documents involves more tasks not only for the debtor but for the attorney as well. When filing bankruptcy, an individual must provide more precise information about his income and expenses. Additionally, bankruptcy attorneys are now liable in case there is any false information found in their client’s case.

This puts a greater responsibility on the part of the lawyers and they need to be more careful in preparing the necessary documents. For this reason, bankruptcy attorneys have raised their fees- even to as much as 100% increase- on account of the additional tasks and responsibilities put upon them.

Another major change brought by the new bankruptcy law is the counseling requirement. To be able to file for bankruptcy, a debtor must first go through credit counseling six months prior to his application. The government has also designated several credit counseling agencies who will be accredited to provide a counseling course. By undergoing credit counseling, a debtor will be properly advised whether bankruptcy is indeed the right action to take, considering the borrower’s situation.

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1 Comment

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