Bankruptcy is a legal procedure in which people or businesses that are not in a position to pay their debts are dealt with. Creditors will normally file petition against individuals or businesses that are not in a position to pay their debts after a long period of time. Debtors are normally given a chance to appeal against the petition filed against them for their failure to pay their debt.  

There are times when the debtors are not in a position to pay their debts as they fall due. In this case the bankruptcy law comes in handy. This law allows the debtor to divide his assets among the creditors as a way of settling the debt. This is done under the supervision of trustees who review the debtors petitions and also have the responsibility of overseeing the pay plan in the debt recovery process.

In the United States of America, the bankruptcy laws are supervised in the courts in a special procedure. However with time this may not be so. The law has taken a new path meaning it will no longer be as easy for new filers to file a petition against debtors as it has been. In the past, debtors were allowed to pay their creditors as they earn, but the new law  may make this impossible.

There will be a procedure where the debtors will be required to go through counseling in matters to do with handling cash and on how to manage debt. It is only after the completion of this that one’s debt can be forgiven accordingly. In the old rule, one was able to choose the best way to deal with their financial situation.

Bankruptcy Laws

The passage of the tough new bankruptcy laws in 2005 was supposed to benefit consumers in the form of reducing losses to lenders by making it harder to file bankruptcy. But two new reports released this week show that the new laws not only cost consumers more in terms of credit card debt, but may actually be encouraging greater losses to banks due to increased foreclosures.

According to new research, after the 2005 bankruptcy reform went into effect, both personal bankruptcy filings and credit card company losses sharply declined.

At the same time, while upfront annual fees on credit cards have been all but eliminated, fees have been climbing and becoming less transparent over the years, and there is no evidence that the 2005 bankruptcy reform reversed this trend…over-limit fees and late fees have been climbing since well before bankruptcy reform, and that this trend continued after the 2005 bankruptcy reform.

Industry consolidation in the credit card market enabled the top card issuers to avoid losses from “price wars” by reducing rates to attract new customers.

The credit card industry might also be able to avoid price competition because of complex, multi-tiered pricing that can make it difficult for customers to comparison shop. These fees and interest rates—complex in their own right—are presented in a form that is difficult to understand. Customers faced with such complex pricing systematically miscalculate and underestimate the cost of credit card debt.

A 2006 report from the Government Accountability Office (GAO) that found not only that bank fees and penalties are continuing to rise for card holders, but that credit card disclosures and explanations of fees are deliberately written in manners that make them hard to understand. The GAO also recommended in a separate report that credit card issuers use existing technology to customize card disclosures to individual cardholders, particularly those with high balances or frequent late payments.

The fact that after bankruptcy reform, interest rates and fees continued to rise and grace periods continued to fall, even though credit card companies reaped tremendous gains from declining bankruptcy losses demonstrates that the credit card market is not price-competitive. This lack of price competition explains why the benefits of bankruptcy reform accrued exclusively to credit card lenders and were not shared with the average American family, and why…bankruptcy reform was a failure.

Negative Impact

Another effect of the bankruptcy laws is the increase in foreclosures and defaults by mortgage holders who can’t afford to make payments on their homes. The more stringent bankruptcy code, by restricting financial relief available under the bankruptcy code and by increased the costs of filing bankruptcy, appears to have increased the number of individuals walking away from their homes, their mortgages, and their other financial obligations without seeking the protection of the bankruptcy court.

Under the new law, most individual filers would not qualify for Chapter 7 bankruptcy, which allows for the liquidation and erasure of most debt. Instead, they would be forced to file under Chapter 13, which requires regular payments of at least some of their debt to creditors.

The more stringent requirements of the new laws may be causing homeowners to “walk away” and let their homes go into foreclosure rather than attempt to file for bankruptcy. The restrictions on bankruptcy filings and subsequent increase in foreclosures puts downward price pressures on neighborhoods where many homes are in default or foreclosed upon.

One of the great lessons and ironies associated with [the new bankruptcy law] is that the new law by increasing the dollar value of assets susceptible to default has weakened many of the financial companies that sought the more stringent bankruptcy code.

If you have ever been involved in any legal case, then you will agree with me that the services of a qualified and experienced lawyer come in handy. This is because this is the person who is well versed with the law and who can clearly and correctly represent you during the proceedings of the case. Bankruptcy, or the state of being unable to pay your creditors, is one of the positions that so many people and companies find themselves in at one point or another in their business life. Once it happens, what is supposed to follow is legal action to protect the individual or company for being pursued any further by the creditors, as the debtor looks into ways of settling the debts. This is where bankruptcy attorneys come in. These are qualified professionals, well versed with laws to do with financial debts, and who will come to your rescue when you need to equip yourself with information regarding the various laws in the situation. They will help you handle all the legal proceedings like filing for the indebtedness, informing your creditors of the existence of that file and other issues like disclosing information about your assets and your business worth. Depending on where you live, you can be able to locate these bankruptcy attorneys either through the Internet or in the law directories that are available in your local library. Be sure to engage the services of an attorney who will protect your rights as well as property. He should also be able to work towards seeing that your debts are subsidized.

Filing for insolvency is a legal process that calls for the use of appropriate tools. With this in mind, experts have come up with some software that allows you to go through the process easily. Although the software targets attorneys, at the end of the day it also benefits you as a debtor. This is because the process is made easier and more reliable. The bankruptcy software comes in many different brands, not to mention that they are specialized to perform a number of interrelated functions. Just to give an example, there is the Bankruptcy2009™ that allows you to prepare for the filing process by quickly filling in the required forms and providing the necessary information real quick. Rapid Import™ is a software that allows an attorney to collect the clients’ information online. Once this is done, the information is then sent directly to the insolvency database records. With such software, you will find that both you and your attorney will be saved from the hassle of having to meet every so often because the process will be completed online.You may want to make use of insolvency software without involving an attorney. If this is the case then, you can access the Standard Legal Bankruptcy software online. The package contains all the necessary forms as well as instructions that you will require. Making use of it will see to it that you reduce on extra expenses of hiring a lawyer. Feel free to use the software because it is approved and complies with The Bankruptcy Act of 2005.

Filing for bankruptcy has become relatively easy for debtors. This is because they can now make use of some special bankruptcy software that is available online. Different experts have seen the need to formulate the software to make your work easier. They come in different types, some specifically made for attorneys and others for debtors who may want to file for bankruptcy without involving a lawyer. The software made for attorneys allows them to collect all the relevant information that pertains to the debtor without necessarily meeting him face to face. The information is then processed online and the results sent to the bankruptcy database for recording. It contains all the necessary forms that the attorney needs while filing on behalf of a client.The bankruptcy software for the debtors on the other hand is a bit more detailed. Remember that it targets a debtor who is not willing to hire the services of an attorney. It therefore seeks to give you guidelines on the procedure for filing. Furthermore, once you have outlined the circumstances under which you are filing for insolvency, the software will automatically choose for you the most appropriate chapter under which to file your case. The software is available in many different formats but the most common formats are Microsoft Word files, standard text files and Adobe PDF files. None is more preferred over the other so you are free to make use of any one that suits you best. Your decision will be based on how much information you want to file and whether there are any calculations you will be required to carry out in the process. Once you have had a look at the format of the software you will be in a better position to decide.