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Bankruptcy cheats face Government crackdown

Written By Ellise Walsh

Tue 3/29/2005 11:04 AM


In case you have not heard the news, there is a new law on the books that makes it harder to declare bankruptcy. This new law also makes it harder to hide income and assets when declaring bankruptcy. Loopholes in the bankruptcy law have allowed many people to cheat the system, and this new law aims to crack down on the practice of sheltering assets while using bankruptcy protection to avoid paying legitimate bills.

If you are in debt over your head and considering seeking bankruptcy protection, it may be a good idea to get a copy of this new law and see how it will affect you. If you are considering bankruptcy, it is absolutely essential to consult with a qualified bankruptcy attorney. He or she will have all the inside scoop on the new law, and he or she will be able to advise you on what assets are protected and which are not.

If you are thinking of simply using bankruptcy to get out of the debts you have run up from all those unnecessary shopping sprees, you may want to think again. Bankruptcy cheats are facing a new Government crackdown, and declaring bankruptcy may not provide you with the clean slate you think it will. If your income is above the average for your state, you will need to work out a reasonable repayment schedule and pay at least part of what you owe your creditors.

There are of course many people who are forced into bankruptcy by circumstances beyond their control, and the new Government bankruptcy law is not aimed at these legitimate filers of bankruptcy protection. Many people are forced into bankruptcy by unexpected medical bills, catastrophic damage to property or the loss of a job and the inability to procure a new job with comparable income level.

If you think you may be in trouble with your debts, it is important to sit down with a credit counsellor before your debts are allowed to spiral out of control. It is often possible to nip potential problems in the bud by negotiating with creditors directly as well. Your creditors do not want you to declare bankruptcy. They would much rather deal with you than with the bankruptcy court. You may be able to negotiate more favourable terms and conditions which help you avoid bankruptcy.

Of course bankruptcy still remains an option for consumers who find themselves swimming in debt and unable to pay their bills. The new bankruptcy law simply makes it harder for people to abuse the system to avoid paying their debt.


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