Summary Of New Bankruptcy Laws

Help Finding Lawyers and Attorney Fee Guidelines

A few of the recent modifications to the federal bankruptcy Code include the following::

  • Mandatory participation in credit counseling classes.
  • Restrictions on permissible living expenses.
  • Automatic dismissal if a prior case filed during the prior one year.
  • Court sanctions for 2 or filings during the preceding one year.
  • Increases in the state residency requirement to claim state exemptions - 6 months to 2 years.
  • Purchases of luxury goods are presumed fraudulent if made within 90 days of filing - increased from 30 days.
  • Increased repeat Chapter 7 filing prohibition from 6 years, to 8 years.
  • Provision for mandatory 5 year Chapter 13 plan duration for high income debtors.
  • All tax returns for prior taxable years must be current.
  • Automatic dismissal provision for the failure to file all required tax returns.