If you are here looking for a reason NOT to file BK, let me assure you, you have come to the right place. New legislation was passed in 2005 that makes it nearly impossible to qualify for Chapter 7. Let’s start with a stat we’re pretty sure you are not familiar with: Credit Counseling Fact: Did you know Consumer Credit Counseling has a 90% FAILURE RATE? This includes the so called "non-profit" Consumer Credit Counseling companies the (CCC).
First, the petitioner must now obtain a letter from a non-profit (CCC) company stating that they have tried unsuccessfully to get out of debt with a (CCC). What a JOKE! These so called “non-profit” companies were conceived of by banks to keep consumers paying as long as possible. No real surprises though, we all know the seed does not fall far from the tree…and this bill is a dream come true for your creditors. In fact, they have been trying to get a bill like this passed for years.
Second, Chapter 7 Bankruptcy is a liquidation proceeding in which the debtor’s non-exempt assets are sold by a trustee and the proceeds are distributed to creditors according to the priorities established in the Code. In other words, some of your property will be sold to wipe out some of your debt. You do not get to keep all of your things and not pay for it, as some would believe. This is why chapter 7 only covers unsecured debt. read more |