The New Bankruptcy Law

Florida bankruptcy law is a constantly evolving area. This is particularly true following the passage of The Bankruptcy Abuse and Consumer Protection Act of 2005 on October 17, 2005. The BAPCPA is a controversial revision of the United States Bankruptcy Code which, among other things,  makes the process of filing for chapter 7 bankruptcy more difficult. Backed by conservatives and the financial institutions, supporters of the BAPCPA consider it a means of curbing abuses of bankruptcy law and promotes personal financial responsibility. Opponents of the act consider the law an unfair penalization of people whose poor finances are due to forces beyond their control.

At the bankruptcy law offices of David F. Anderson, P.A., we are dedicated to assisting our clients with the debt relief they deserve through bankruptcy or other means. We have a thorough knowledge of the new bankruptcy laws, and can help you understand your options.

Under the new bankruptcy law:

  • Credit Counseling Is Mandatory For Those Seeking to File for Bankruptcy
  • A Smaller Number of People Are Eligible to File Under Chapter 7
  • If Ineligible for Chapter 7, Consumers May Still File for Chapter 13
  • More of Your Personal Property Is at Stake
  • Exemption from New Bankruptcy Rules Provided¬† Only in “Special Circumstances”

If you are looking to eliminate your debt, you will be required to take a preliminary credit counseling provided by a government-approved program a number of months before filing for bankruptcy. Beyond that, the BAPCPA has set up significant hurdles in filing for Chapter 7 bankruptcy. The attorneys of David F. Anderson, P.A. are prepared to help navigate through these hurdles, helping you explore the options that best suit your particular situation, and locating flexibilities within the law that can work in your favor.

David F. Anderson attorney at law located in Miami, Florida specializes in long term care, Condominium law, Medicaid planning, Corporate structures, Residential real estate, Asset protection, Commercial real estate, Family law, Title insurance, Bankruptcy, Mortgage law, Association Law throughout Dade County, FL and the surrounding area

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