In 2005 the Congress passed a new
law reforming bankruptcy protections. While arguably some changes were needed,
the sweeping changes enacted have made the process much more difficult for the
average person, who is already going through a difficult time.
At the time the media widely
reported (falsely) that bankruptcy would no longer be available, and the
average person would have to pay all their debts back. Believing this media
blitz, the average person in 2006 thought they could not file and overall
filings were down 80%. These same people were then taking the money that they
would have used to pay their mortgages and gave it to the credit cards instead.
As a result their mortgages went into default, foreclosures increased, and the
U.S slid into a recession.
The public
became aware that Bankruptcy protection was still available, and filings
increased to record proportions in 2009 to 2011. Filings seem to be slowing
down, but are still high.
The
questions still remain though. If Congress had not made the safety net of
bankruptcy so difficult in 2005, would the resulting recession have been this
bad?
Bankruptcy
protection is still available in Fresno.
If you have further questions, contact the The Law Office of Timothy Springer in Fresno, California.
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