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Bankruptcy


6. New Laws

Congress made some significant changes to bankruptcy laws in 2005. The main purpose of these changes is to make it a little more difficult to file for bankruptcy. Nonetheless, the ability to file for bankruptcy and obtain a fresh start is an important and long-standing part of American law and people who need bankruptcy relief can still get it.

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Some of the most important changes to bankruptcy laws are:
  • Higher income filers must file for Chapter 13
  • Filings are more closely scrutinized and more documentation is required
  • Lawyers are harder to find and more expensive
  • Credit and financial budget counseling is required
  • Property must be valued at replacement cost, instead of a "fire sale" cost
  • State exemptions are not available to recent state residents (although exemptions are available, just maybe not the exemptions provided by the state where you currently reside).
  • Residency requirements have been tightened to prevent people from moving to states that allow a person to protect more equity in their personal residences.
 
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