Over the past 50 years, bankruptcy law has seen changes that have affected how individual consumer and business cases are handled today. The most recent overhaul in bankruptcy law came in 2005 when the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) was enacted to prevent the possibility of filers taking advantage of the system and to protect creditors involved. The BAPCPA played a significant role in shaping what we know as the current bankruptcy process.
While large changes like the 2005 bankruptcy act don’t happen frequently, there are little changes that come every few years that affect the way the court may approach a case and the way individuals and businesses can file. If you’re considering filing for bankruptcy in Waseca, MN, Behm Law Group, Ltd. offers the guidance and legal support you need to navigate the nuanced court system.
Some of the most recent changes to bankruptcy law were put into effect on the first of December in 2017. These alterations are minor in the overall framework of bankruptcy law, but they may still affect how your case is handled from start to finish.
- Chapter 13 Repayment: One change to bankruptcy law was made to the structure of how you file a Chapter 13 repayment plan. This change dictates that filers must use federal forms for a repayment plan, or local forms that comply with the amended federal rules (Rule 3015). This provides greater efficiency for creditors to review the proposed plan and streamlines how the court organizes your case information.
- Time Restrictions: Deadlines for plan objections and case confirmation hearings have changed in regard to Chapter 13 bankruptcy. The court now requires a notice within 21 days to object to a Chapter 13 plan confirmation (for creditors). An objection cannot be filed later than seven days before the confirmation hearing unless the court allows for an extension.
- Claim Amounts: While the amounts of secured and priority loan claims may not have altered overall, the way the court determines the amounts of those loans has. The court can now decide the claim amount even after it has been filed with motions and/or objections. That determination is binding for a secured claim holder even with a contrasting proof of claim. This alteration forces creditors to examine the proposed Chapter 13 plan of the debtor before agreeing.
- Proof of Claim: Under the 2017 amendments, your creditors must prove their claim of debt to be repaid in any type of bankruptcy. This includes filing the necessary documents for proof of claim within 70 days of your bankruptcy filing date. These claims must also include attachments that prove loan ownership including mortgage deeds, car titles, and other paperwork proving your responsibility to pay a secured loan.
These minor details may not be the most exciting part of a bankruptcy process, but they are important to understand in order to file your case without error. Contact Behm Law Group, Ltd. at (507) 387-7200 to learn more about filing for bankruptcy in Waseca, MN.
