Can I still file bankruptcy?
Absolutely!
These changes took place in October 18, 2005 and are very, very complicated
and far too complex to try to explain in detail in a web site. What
you as a potential candidate for bankruptcy need to know is that you
can keep most if not all of your assets and discharge most if not all
of your debts if you are honest and can follow directions. The new law
also requires that you attend two credit counseling sessions, one before
you file and one before you obtain a discharge. See “Credit Counseling”
under FAQ.
So what is the big deal? The big deal is that there are now a vast
number of tests that a debtor must meet in order to save assets and
obtain a discharge. The failure of you and your attorney to recognize
and satisfy these tests can have serious consequences, and you can loose
assets, fail to discharge important debts, and even be denied a discharge!
Cases filed after the change in the law now require more time and work
by your attorney and your attorney’s staff for proper investigation
and allocation of assets and debts. The bottom line is that you need
competent and experienced lawyers to guide you safely through the bankruptcy
jungle.