February 25, 2009

Taking A Look At The New Bankruptcy Code

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Congress decided to make major changes to the United States bankruptcy code in recent years because of the problem the current code was creating. With more people filing for bankruptcy protection and discharging their debts, companies that extended credit to the debtors were forced to cease trying to collect on the money that was owed to them. Under the new guidelines, it is much more difficult for debtors to simply discharge their debts and they are forced to enter into repayment options if they choose to file. The most recent reformations were a result of many years of abusing the bankruptcy system.

The new bankruptcy code resulted in the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) of 2005, but changes in bankruptcy code are not new for citizens of the United States. Congress was authorized to make changes to the rules and regulations that govern the relationship between debtors and creditors since 1801. Since then, the legislators have amended the bankruptcy code many times. The 2005 changes, however, created the most significant changes in the code in nearly two decades.

In April of 2005, President George Bush signed into law some new regulations to be added to the existing bankruptcy code. Under the new bankruptcy regulations, debtors who file for any form of bankruptcy protection must meet several requirements. Firstly, debtors who file for new bankruptcies are required to complete a financial counseling course. Since a large number of bankruptcy filings are due to irresponsible personal finance management, the counseling course is designed to help people recognize and change their spending behaviors. This also helps to deter future bankruptcy filings because statistics show that many people who file bankruptcy will do it again in the future.

Another amendment that coincides with the BAPCPA is that debtors must acquire the signature of an attorney. Bankruptcy proceedings are not complete unless a lawyer puts their signature on the debtor’s petition. Whether it is a state-appointed bankruptcy lawyer or a private attorney, bankruptcy petitions will not be considered until a reasonable investigation is completed into the circumstances surrounding the bankruptcy. Included in the investigation is a “means test,” which is typically conducted by the bankruptcy lawyer. This test compares the debtor’s income to that of the state’s mean income to decipher if the debtor is even eligible for bankruptcy.

Other restrictions of the new bankruptcy code make it more difficult for debtors to file Chapter 7 bankruptcy to simply have their debts discharged. With the new regulations, the majority of cases are forced into a Chapter 13 bankruptcy that requires debtors to repay their debts with a scheduled payment plan. This process involves a court-appointed trustee to handle the finances of the debtor and a certain percentage of their regular income is delegated to the creditors. Repayment schedules are typically arranged so that the debts are paid within five years. Under the old bankruptcy code, however, it was much easier for debtors to file Chapter 7, which simply erases their debts without any form of repayment.

October 17, 2005 saw the new guidelines to the bankruptcy code. Since the large amount of debt was beginning to cause a strain on the economy, these changes were long overdue because of the widespread abuse of the system. The new code and guidelines strive to change irresponsible behaviors and discourage the number of bankruptcy filings without an investigation into the circumstances surrounding the event. Hopefully, debtors will re-evaluate their spending habits and financial management capabilities before rushing to the bankruptcy court.

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February 22, 2009

Get a Refund on Your Unfair Bank Charges

Tired of paying ridiculous fees and bank charges on your financial accounts? Absolutely. You work hard for your money and should be able to protect it from ridiculous charges and paltry fees. Bank charges can be refunded but this is not widely known and the banks don’t want to share the information with you, but you can learn how to file a claim to get back the money you’ve been paying.

Endowment Compensation

PPI compensation is one of the most popular claims to file because of its seemingly useless place in financial accounts. A PPI refund can be exactly what you need to gain the confidence to requests in other areas and get your money back. PPI (Payment Protection Insurance) is designed to be a way to protect you from default status if you are unable to make a payment. These plans are attached to just about every loan, line of credit, credit card and financial account to help you feel more secure. In all reality, they are not what they seem and often don’t hold up their end of the deal or go completely unused.

Reclaim Bank Charges

Before you can start filing a claim for your bank charges refund you need to understand a few things, like the charges and fees you’ve been paying over the past six months and which agency to work with in order to get the most back in a timely manner. While, you can file the claims and work through the process yourself, results are often better and higher with an agency who knows what they are doing by your side. Banks don’t want to refund the money and some will put up a big fight to keep your claim in the works and at bay while using distraction and other techniques to avoid paying, but with the right person by your side you can ignore all these attempts and get the results you are looking for in a shorter period of time than you otherwise may be able to do.

When you take the time to understand the bank charges you are paying and ask your bank manager about any fees you don’t understand. Then with the right help and a littler tenacity you can get the money back you are entitled to.

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February 7, 2009

Life After Bankruptcy: How to get Bankruptcy Debt Relief

Most people hear the word bankruptcy and get a lump in their throat. Bankruptcy is basically something that a person claims when they have no other way out financially, and obviously this is very depressing.

There are actually three different ways a person can go into bankruptcy, and these are: voluntary assignment where insolvent persons make an assignment of all their assets for the general benefit of all creditors, involuntary assignment which is when a creditor files a petition in a provincial court for a receiving order against the debtor’s assets, and deemed bankruptcy which is when a proposal in bankruptcy under the Bankruptcy Insolvency Act has failed.

Bankruptcy Debt Relief

Bankruptcy is definitely a serious thing and can cause an array of problems, but bankruptcy debt relief is possible. The first step to bankruptcy debt relief is to understand a bit more about life after bankruptcy. Specifically in terms to how long bankruptcy lasts, if a person has been declared bankrupt before, within the past fifteen years, then they will not be automatically discharged.

If it is the first time for being declared bankrupt however, then discharge may be automatic, and this means that there will be a release of the bankrupt from most of the debts owed at the date of the bankruptcy order. There are a few exceptions to this as with most anything however, including debts arising from fraud and fines.

Also on the topic of bankruptcy debt relief is the issue of assets that were bought before discharge. This is important because this will largely determine how much money is going to be available after bankruptcy. When discharged there may still be assets that were owned either when the bankruptcy began or which were acquired before discharge. This may include property of insurance for example.

Think About the Future

Bankruptcy debt relief is a very important topic to discuss, but more than anything it is important that people are aware of how to stay out of debt in the future. After all, many people go to incredibly hard work to get out of debt but then just fall back into the same hole again in the future. This is not only going to be frustrating and devastating to a credit report, but also it is much harder to get out of debt the second time around.

Debt does not bring anything positive, and can really be repressing on a person’s life, because it means that they may not be able to do many of the things that they would like to.

For more information please visit my Debt Relief - Debt Relief Service Management Website.

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