New Clarksville
Indiana Bankruptcy Laws Chapter 7
13
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Indiana Bankruptcy Laws to favorites
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Here are the major new
bankruptcy law changes in
2005.
- 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.
- 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.
- New
Mandatory Debtor Education is required prior to filing and
after filing by law. No discharge is granted without
it.
- 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.
- Chapter 7 law
now limits discharges. The new law limits a Chapter 7
discharge to once every 8 years.
- 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
- 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
- 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.
Your
Bankruptcy Attorney isnt far from Clarksville
Indiana
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