Legal Question in Bankruptcy in Massachusetts
Are the new bankruptcy laws in effect yet
I'm considering bankruptcy for a second time. I'm in credit card debt way over my head. I've tried consolidation companies and it did not work for me. It has been 9 years since my last bankruptcy and the first time was for medical reasons. My question is are the new bankruptcy laws that were voted on in the 2000 presidential elections legally in place yet or would I still be filing under the old laws.
2 Answers from Attorneys
Re: Are the new bankruptcy laws in effect yet
The changes to the bankruptcy code have not yet been enacted. Both the House and Senate had passed bills with slightly different provisions. Both bills are now being reconiled in conference. For recent news you can check out the American Bankruptcy Insitute's webpage at www.abiworld.org.
Re: Are the new bankruptcy laws in effect yet
The Bankruptcy Reform legislation - which was originally vetoed by President Clinton, has been languishing in committee for some time. Every now and then it gets momentum, but it's usually short lived, and ultimately ends up going no where. There is no iminent change in the law, and given that your prior bankruptcy was 9 years ago, you should not have any problem. Of course, you should confer with an attorney who can learn all the facts of your case.
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