Bankruptcy: What It's Like to File Now: MMI Provides Insight Into Pre-Bankruptcy Counseling.HOUSTON -- Today marks the one-year anniversary of the Bankruptcy Abuse Prevention and Consumer Protection Act The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (Pub.L. 109-8, 119 Stat. 23, enacted 2005-04-20), provided for significant changes in Bankruptcy in the United States, was passed by the 109th United States Congress on April 14, 2005 and signed into law of 2005 (the Act). The Act made sweeping changes to the former bankruptcy law and is well known to the year's bankruptcy filers who had to navigate its many new requirements. Approximately 263,000 consumers filed personal bankruptcy Personal bankruptcy is a procedure which, in certain jurisdictions, allows an individual to declare bankruptcy. In other jurisdictions, bankruptcies are reserved for corporations. in the first two quarters of 2006. While the number of bankruptcy filings has dipped since the Act took effect, the core causes of financial problems still exist. Low savings rates, high debt levels and increased borrowing costs challenge consumers more than ever. "It is imperative that consumers seek assistance at the first sign of financial trouble," said Cate Williams, vice president of financial literacy Financial literacy is the ability of individuals to make appropriate decisions in managing their personal finances. Raising levels of financial literacy is now a focus of government programmes in countries including[1] Australia, Japan, the United States and the UK. for Money Management International. "Options to bankruptcy do exist and with help from a nonprofit organization Nonprofit Organization An association that is given tax-free status. Donations to a non-profit organization are often tax deductible as well. Notes: Examples of non-profit organizations are charities, hospitals and schools. , consumers may be able to successfully manage their debts and avoid bankruptcy," added Williams. For consumers choosing bankruptcy, the Act mandates financial counseling and education. Before filing for bankruptcy, consumers are required to complete a pre-filing counseling session; and before receiving a bankruptcy discharge A discharge in United States bankruptcy law, when referring to a debtor's discharge, is a statutory injunction against the commencement or continuation of an action (or the employment of process, or an act) to collect, recover or offset a debt as a personal liability of the , debtors are required to complete "an instructional course concerning personal financial management." These provisions are designed to help provide debtors in bankruptcy with the skills and tools needed to avoid future financial problems. While the experts at Money Management International (MMI (Man Machine Interface) See HMI. 1. MMI - Man-Machine Interface. 2. (company) MMI - The company which developed the first Programmable Array Logic devices. MMI was bought by AMD. ) would ideally like to counsel consumers before financial problems become severe, they support Congress' efforts to ensure that consumers will be better informed about the bankruptcy process. "The bill's financial literacy provisions represent a positive and significant consumer benefit," said Williams. To make the most of this benefit, Williams offers potential filers the following tips to help them choose a quality bankruptcy counseling agency: * Verify that your counseling agency of choice is approved by the Executive Office for U.S. Trustees to deliver the necessary counseling and education. A list of approved agencies can be found at www.usdoj.gov/ust/eo/bapcpa/. * Check that the organization has the capacity to help you to better your overall financial situation through continuing counseling and education. * Determine if the organization has the systems in place to effectively assist you in the timeframe you desire. For example, ask if the organization offers on-line counseling and education around the clock. * Consider the organization's commitment to quality. Ask if the organization is a member of the National Foundation for 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. or the Association of Independent Consumer Credit Counseling Agencies. Verify that they are accredited accredited recognition by an appropriate authority that the performance of a particular institution has satisfied a prestated set of criteria. accredited herds cattle herds which have achieved a low level of reactors to, e.g. by an independent third party organization, such as the Council on Accreditation (COA (Certificate Of Authenticity) A document that accompanies software which states that it is an original package from the manufacturer. It generally includes a seal with a difficult-to-copy emblem such as a holographic image. ). About Money Management International Money Management International (MMI) is a nonprofit, full-service credit-counseling agency, providing confidential financial guidance, financial education, counseling and debt management assistance to consumers since 1958. MMI helps consumers trim their expenses, develop a spending plan and repay debts. Counseling is available by appointment in branch offices and 24/7 by telephone and Internet. Services are available in English or Spanish. To learn more, call 800-762-2271 or visit www.moneymanagement.org. |
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