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Choices and Solutions

A period of financial hardship may leave you with unmanageable debt. If you find yourself unable to meet your monthly obligations you may be forced to consider bankruptcy. Here is a discussion of the new bankruptcy laws along with some powerful credit repair strategies designed to minimize the impact of bankruptcy on your credit.

A Changing World

Bankruptcy is not as an attractive as it once was. Many people attempting to discharge debts in a Chapter 7 bankruptcy are now forced into a Chapter 13 repayment plan. Many more are discovering that do not qualify at all. Let’s take a look at the new bankruptcy laws as well as some credit repair strategies that will help you minimize the damage to your credit report.

2005 Changes

The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) of 2005 set up a gamut of barriers designed to disqualify applicants from discharging debt in a Chapter 7 bankruptcy. Those that no longer qualify for a Chapter 7 bankruptcy may be forced into a Chapter 13 repayment plan. Prior to 2005 individual cases were examined and judged on a rather subjective basis; post-BAPCPA applicants are subject to more restrictive guidelines, the first of which is a means test.

Chapter 7 Means Test

If your income is below the median income in your state you automatically qualify for Chapter 7. If your income is above the median you must calculate your disposable monthly income (DMI) to determine whether you a capable of making payments on your debts sufficient to qualify for Chapter 13. Your DMI is calculated by subtracting certain allowable expenses from your monthly income. If the DMI is less than $100 per month, you are permitted to file under Chapter 7. If the DMI is above $100, you must instead file under Chapter 13. Please note that there are exceptions to these rules, so please consult an attorney before making a decision.

Additional Requirements for Filers

There are a number of additional requirements that make the process of bankruptcy more difficult including mandatory credit counseling from an approved credit counseling agency prior to filing, as well as a course in personal financial management after filing the bankruptcy. If you end up in a Chapter 13 plan the new law increases the amount of debt that you will repay, and the old “super discharge” provision, which allowed the discharge of some debt under Chapter 13, has been significantly cut. Another major restriction is a new $150,000 cap on the amount of equity in your home that you can exempt from creditors claims.

Credit Repair Solutions

If you do qualify, and subsequently file bankruptcy, there is quite a bit you can do to mitigate the damage to your credit report. First, let’s take a look at the Fair Credit Reporting Act (FCRA) and then discuss the credit repair strategies that will help you repair your credit after your discharge.

Bankruptcy, Credit Repair, and the FCRA

The only reference to bankruptcy in the FCRA is as follows:

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