New Bankruptcy Law Creates Administrative Hurdles, Not Actual Bars

Many consumers mistakenly believe that the changes in the bankruptcy law that took effect last fall disqualify a lot of people from filing bankruptcy. That's not really true--the vast majority of people who qualified for Chapter 7 bankruptcy before still do, and for those few who don't, there's still Chapter 13.

The number of bankruptcy cases being dismissed since the law change undoubtedly helps to spread the wrong idea--that all of those people are newly barred from filing for bankruptcy protection. In one district in Florida, for example, 89 of the first 200 cases filed after the enactment of the new law were dismissed.

The truth, though, is that the vast majority of those dismissals weren't because the debtor didn't qualify for bankruptcy. Instead, most were based on failure to jump through the right hoops before filing--and most of those were cases filed without an attorney.

Because potentially harmful limitations apply if you refile a case after a dismissal, it's important to get it right the first time. Talking to a bankruptcy attorney before proceeding with a bankruptcy case might mean the difference between a successful petition and a dismissal.

Written By:Ruth On May 23, 2006 12:51 AM

What happens if the mortgage company sells your mortgage to someone else and your bankrutcy is with the first co.

Written By:tabitha On July 11, 2006 9:10 PM

If a case has been dismiss. What happens to the money that was paid

Written By:Julie On July 27, 2006 12:55 AM

If you are marreid and only you file for bankruptcy can the creditors come after your husband, or do you both need to file?

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