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Rumors abound that bankruptcy relief is unavailable, or that it is impossible to file because the requirements are so harsh. The rumors are false.
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In October 2005 new bankruptcy laws went into effect. The new laws have changed bankruptcy, but the fact of the matter is that the vast majority of consumers still qualify to file bankruptcy.
So what has changed? What follows is a brief explanation of a few of the most important changes:
The Means Test: The means test is a calculation intended to steer consumers from Chapter 7 bankruptcy into Chapter 13 bankruptcy. Median household income for the state is compared to a person's or a married couple's average income over the 6 months preceding case filing. IRS standards for certain expenses are taken into consideration, Necessary deductions for reasonable and necessary living expenses are considered. The bottom line is that by far most who would have qualified to file Chapter 7 before the law changed can still file Chapter 7, And Chapter 13 is still almost always available to provide debt relief. Consumer Credit Counseling: Those considering filing bankruptcy must complete consumer credit counseling from an approved agency before filing bankruptcy There are dozens of agencies providing the counseling, and the counseling is not difficult or time consuming to complete. Payment advices: The past 60 days of pay advice received from employers must be filed. This is to document income. Tax returns: A copy of the tax return most recently filed with the taxing authorities for the most recent year must be provided to the Trustee, A Trustee is an attorney assigned to administer bankruptcy cases.
These are just a few of the changes in the bankruptcy laws. The changes are not unreasonable, and are not difficult to comply with. Rumors abound that bankruptcy relief is unavailable, or that it is impossible to file because the requirements are so harsh. The rumors are false. Bankruptcy performs a societal good by assisting those who need help with getting a fresh start. When all is said and done, Chapter 7 and Chapter 13 bankruptcy is still available to almost every consumer.
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Call today to schedule a free initial consultation:
Phone: 651-454-0007 & 952-261-7348 Fax: 651-454-0006 Email: attorneylundquist@yahoo.com
3470 Washington Drive Suite 210 Eagan, MN 55122
Offices in: Eagan, Woodbury, Eden Prairie, Brooklyn Center Downtown Minneapolis, and Downtown Saint Paul
This Law Firm is a Debt Relief Agency. We Help People File for Bankruptcy Relief Under the Bankruptcy Code.
The content of this web site is informational in nature. This information is not legal advice, and no attorney client relationship is created by the content of this web site. No one should use this information as a substitute for legal representation. If you seek legal representation or advice you should contact an attorney in your state.
minnesota, lawyer, attorney, expert, specialist, chapter 7, chapter 13, bankruptcy, fresh start, garnish, garnishment, foreclose, foreclosure, bill collector, collection, sheriff' sale, minneapolis, saint paul, dakota, ramsey, hennepin
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