Filing Chapter 7,13 Bankruptcy

How to file an Indiana Chapter 7, 13 Personal Bankruptcy

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New Clarksville Indiana Bankruptcy Laws Chapter 7 13

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Here are the major new bankruptcy law changes in 2005.  

  1. New Documentation laws   The new law requires documentation of your income, assets and expenses to prove  you qualify for a Chapter 7.  The old rule was it was presumed you were telling the truth.
  2. New Means Testing laws for Chapter 7 Bankruptcy  The new law requires that you file a Chapter 13 Bankruptcy if you can afford it.  If you make over the average income you may still be able to file because you may deduct for secured and necessary expenses.
  3. New Mandatory Debtor Education  is required prior to filing and after filing by law.  No discharge is granted without it.
  4. New law restricts repeat bankruptcy filing.   In order to eliminate paying unsecured debt in a Chapter 13 you may want to first file a Chapter 7.  You may then file a Chapter 13 if your real goal is to cure a foreclosure.  This  lowers your later Chapter 13 payments by eliminating any unsecured debt other than the mortgage in the 13.   Under the new law you can still repeat file but there is no second discharge in the new case due to waiting periods for a discharge see  Clarksville Indiana Bankruptcy Discharge for how long these periods are. 
  5. Chapter 7 law now limits discharges.    The new law limits a Chapter 7 discharge to once every 8 years. 
  6. New law in Indiana increases the property you may keep.  Some states had their homestead exemptions reduced under the new law.  But Kentucky and other states have increases in new exemption laws. Home exemptions under the new law went from 5,000 to 19,450 in 2005 with annual increases See Clarksville Indiana Exemptions
  7. Under the new law you cannot bankrupt student loans to non government and for profit lenders  Before the new law changed in 2005 you could bankrupt non government student loans.  Under the new law you may still be able to bankrupt a private student loan that is not tax deductible or obtain a hardship discharge. See what debts are dischargeable in Indiana
  8. New Fraud rules  The new law changed the old rule that if you charged over 1000 dollars on a card within 90 days of filing that it was fraud and not dischargeable.  The new law is 750 dollars in 70 days or 500 dollars of luxury goods in 90. Lenders do not seem to use the new law. 

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Contact Us                  Louisville Kentucky Lawyers Bankruptcy Attorney

Nick C. Thompson

800 Stone Creek Parkway

Suite 6

Louisville, KY 40223 

1-502-625-0905

Fax 502-625-0940 

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