The Bankruptcy Abuse Prevention and Consumer Protection
Act of 2005 is now law. Henderson Law Offices - Utah is now taking
new bankruptcy cases under the Act. We provide services to assist
consumers with debt problems including immediate relief from harassing
phone calls and state of the art technology to assist debtors with
the Bankruptcy process.
Under the Act, we cannot provide assistance to persons over the phone
as the Act requires certain disclosures be made within three days
of any assistance. Please feel free to schedule an immediate appointment
in our office so that we can provide the federally mandated disclosures
and answer your questions immediately. As required by federal law
we provide this disclosure here:
We are a debt relief agency. We help people file for bankruptcy relief
under the Bankruptcy Code.
The new law will affect consumers in many ways. For starters, it
is likely that the cost of a bankruptcy will double. Most Bankruptcy
lawyers will stop taking "old" cases several months before
the effective date of the new law. Here are some of the changes that
may affect you. For more information schedule a consultation with
us. Below is a summary of some of the changes. For more detail, you
can review this
paper written by HLO attorney Rand Henderson.
Requires a "means test" to qualify for Chapter 7 (straight
or simple) bankruptcy. This provision will have the effect of making
it much more difficult for a large group of individuals to file for
Chapter 7 relief.
Requires debtors to attend credit counseling and increases the costs
of preparing bankruptcy petitions by imposing additional duties on
debtors and their attorneys including difficult notice requirements.
(Start keeping a copy of all your statements!).
Provides that creditors may obtain a copy of your tax return.
Ends the ability to discharge taxes and other problematic debts in
Chapter 13 (partial repayment bankruptcy).
Makes it more difficult to avoid predatory lending practices such
as taking liens on household goods.
Changes unfavorably the options for debtors have for keeping their
cars, homes and other secured debts.
May increase the cost of attorney's fees in bankruptcy due to additional
duties and responsibilities the legislation imposes.
For more information, contact our office.
We provide a full range of Bankruptcy Law services including same
day electronic filing and access to your credit report. If you would
like a quote or further information, please use the form provided
on the Contacts page, or call one of our offices.
The information provided on this page is not
intended as legal advice for a specific situation or client. If you
need legal advice or would like additional information please call
our office or consult a licensed attorney.
