In general, declare bankruptcy should be considered as a last resort for debt because the results are lasting and far-reaching. The Law on Bankruptcy Abuse Prevention and Consumer Protection Act established stricter rules for consumers and lawyers.
The process of declaring bankruptcy is now more difficult for debtors:
- Debtors must file more documents, including detailed statements of monthly net income, proof of income (pay stubs) for the past 60 days and tax returns last year.
- To pay off debts, debtors must receive credit counseling before filing bankruptcy and after an educational course.
- Debtors facing higher fees for filing bankruptcy, plus the charges for credit counseling and educational course.
- The request and the bankruptcy process is more complicated, so it is very difficult to declare it without the help of a lawyer.
The process of declaring bankruptcy is now more difficult for attorneys:
- The signature of an attorney in an application certifies that counsel has conducted a reasonable investigation of the circumstances that gave rise to the request.
- Attorneys must carefully review documents such as tax returns and pay stubs, as well as requesting credit reports to customers.
- The attorneys may be sanctioned if they make mistakes in the process.
