A few years ago just about anyone could file a Chapter 7 bankruptcy. With a Chapter 7 bankruptcy all of your debts are liquidated. This type of bankruptcy made it easy to rack up a bunch a debt, charge it off in the bankruptcy, and get a fresh start auto loan a few months later. Apparently this process allowed too much abuse and, late in 2005, Congress passed stricter bankruptcy laws.
Now, before filing bankruptcy, people have to prove they are broke, and they have to attend credit counseling through an approved agency. If they pass the means test, that is to say, they prove they are broke, and attend the credit counseling sessions, a judge could still insist that the person file a chapter 13 instead. With a chapter 13 bankruptcy, the debts are not liquidated; rather, they are paid off over a period of years. (more…)
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