Arizona BAPCPA Attorneys

The Bankruptcy Abuse Protection and Consumer Protection Act of 2005, also known as BAPCPA or the New Bankruptcy Law, was passed to protect businesses and consumers from overuse of the bankruptcy process. Unfortunately, it has had the effect of making some forms of bankruptcy far more difficult for people who need this option. It has particularly affected Chapter 7 bankruptcy proceedings.

If you think Chapter 7 bankruptcy may be the best option for your family or business, you will need to be familiar with the basic requirements under BAPCPA. The Harmon Law Office, LLC can help you review the law and present your case clearly in court. Call our experienced Arizona Chapter 7 bankruptcy lawyers today at 480-829-0494.

Chapter 7 Requirements under BAPCPA

Some new Chapter 7 requirements under BAPCPA include:

• The means test. In order to qualify for Chapter 7, your monthly income must be below the median income in your state. The means test is calculated with a formula that takes into account your income and expenditures. There is generally no penalty for failing the means test, making it safe for people to try it and see if they qualify.
• Credit counseling. To be eligible for either kind of consumer bankruptcy, filers must complete a group or individual course with a US Trustee-approved credit counselor within 180 days before filing.
• Discharge requirements. Filers who have had debts discharged under Chapter 7 within the last eight years may not be eligible for debt discharges today. This policy does not apply to people who previously filed under Chapter 13.

If you are concerned about your eligibility for Chapter 7, our Arizona bankruptcy lawyers can inform you about your options and aggressively protect your rights.

Contact Us

The Harmon Law Office, LLC is committed to helping people in debt climb their way out. Contact our Arizona BAPCPA attorneys at 480-829-0494.