Bankruptcies to Become More Complex.When the proposed new bankruptcy law is finally signed, you'll be surprised at how complex the process is going to be. Not only will it be harder to wipe out wipe tr.v. wiped, wip·ing, wipes 1. a. To subject to light rubbing or friction, as with a cloth or paper, in order to clean or dry. b. bills and start fresh, those filing will face extra costs and a mandatory counseling system that hasn't yet been entirely set up. You may have to wait for counseling while the interest charges mount on your unpaid debts. Creditors will have a stronger hand. At the moment the bankruptcy bill has stalled stall 1 n. 1. A compartment for one domestic animal in a barn or shed. 2. a. A booth, cubicle, or stand used by a vendor, as at a market. b. , awaiting a conference between the House and Senate. The Senate majority leader, Trent Lott, and the minority leader, Tom Daschle, are feuding over whether the Senate portion of a conference committee should be half Democrat or majority Republican. Once that's resolved, the bill will almost certainly pass. It takes effect 180 days after the president signs it into law. Generally speaking, here's how bankruptcy will proceed, says bankruptcy specialist Todd Zywicki Todd J. Zywicki (b. 1966) is an American law professor at George Mason University School of Law, teaching in the areas of bankruptcy and contracts, where he has taught since 1998. , a law professor at George Mason University Named after American revolutionary, patriot and founding father George Mason, the university was founded as a branch of the University of Virginia in 1957 and became an independent institution in 1972. in Arlington, Va.: Before going bankrupt, you'll have to go through consumer credit counseling Credit counseling (known in the United Kingdom as debt counselling) is a process offering education to consumers about how to avoid incurring debts that cannot be repaid. This process is actually more debt counseling than a function of credit education. , at your expense. The counseling service will try to work out a repayment plan that satisfies your creditors. If you can't repay, you'll file for bankruptcy. You'll disclose your income and assets to the court, with one new requirement: Your disclosure has to include your most recent tax return. That's to stop bankrupts from misstating what they earn. There are also provisions for people who want a Chapter 7 bankruptcy. This chapter lets you wipe out your unsecured debts Unsecured debt Debt that does not identify specific assets that the debtholder is entitled to in case of default. -- mainly credit-card debts (for the wealthy, personal loans). You'll still owe all your secured debt, such as your mortgage. The new law puts more of your debt into the secured category. |
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