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understanding bankruptcy laws

The Basics I know most of you know about bankruptcy, for those of you that do not, here are some basics. Generally, filing bankruptcy allows people who are having financial difficulties to wipe out their debts, which can provide them with a fresh financial start. There are several events that can take place to force people to take the path of filing for bankruptcy. Some events may include divorce, unemployment, lawsuits, foreclosures and credit card debt. Bankruptcy serves two main purposes. It gives creditors a fair share of the money that debtors can afford to pay back and it gives debtors a fresh start. There are two ways in which bankruptcy
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Bankruptcy in Utah leads the nation

Legislation enacted by Congress in April 2005 will create the biggest changes in Federal bankruptcy law in decades. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 will eliminate the opportunity for most Americans with debt problems to file for bankruptcy under the rather forgiving Chapter 7 of the bankruptcy code. Instead, most filers will have to use Chapter 13 of the code, which allows the court to establish a five year repayment plan for a portion of the debt.

Proponents of the plan, which included the major credit card companies, blamed the recent increases in bankruptcy filings on irresponsible shoppers, drug users, and gamblers, and not ordinary citizens who have simply hit a streak of bad luck or personal misfortune. Is this really the case? Are most bankruptcy filers just wild, drug-using irresponsible people?

There is certainly some evidence to the contrary, and nothing suggests otherwise like the fact that the highest bankruptcy rate, on a per capita basis, is in Utah? Most would assume that the highest rates of bankruptcy would be in states that have more than their fair share of vices - California, New York, or even Nevada. Shouldn't the state with a town nicknamed "Sin City" suggest irresponsible activity and bankruptcy? But no, the Bankruptcy Capital of America is none other than Utah.

On the surface, this statistic just doesn't seem to make sense. Anyone who knows anything about Utah associates it with the hard working, industrious and responsible Mormons, who regularly contribute ten percent of their incomes to their church. How did Utah find itself to be the pinnacle of personal financial disaster?

Utah does have a few attributes that make it unique as a state. Alone, none of these things would raise an eyebrow, but added together, they form a recipe for disaster:

Utah has the highest birthrate in the United States. Seventy percent of those who live in Utah are members of the Church of Jesus Christ of Latter-Day Saints, otherwise known as the Mormons. Members of the church are encouraged to have large families, and they do so. The costs associated with having a large family - food, housing, utilities, clothing and more, are higher than they are for an average sized family.

Utah tends to have fewer families with two wager earners than most states. Because families in Utah are larger than elsewhere, there tend to be more families with stay-at-home moms. With only one wage earner, and larger families, the per capita income is smaller in Utah.

Wages paid to workers in Utah are lower than the national average. Many high tech companies have established facilities in Utah during the last decade, but many of these high tech jobs are actually just telephone customer service positions that pay as little as $8 per hour. It is difficult to raise a family on such a wage, and nearly impossible to raise a large family that way.

Members of the LDS Church are encouraged to tithe ten percent of their income to the Church. Many do so, leaving them with a smaller percentage of their income to use for living expenses.

The ratio of housing costs to wages are higher than in other states, making housing comparatively more expensive. As a whole, this combination of large families, lower wages, single earners, and church donations have created an economic environment that makes it difficult for many Utahns to meet all of their financial obligations. This flies in the face of arguments put forth during recent legislative sessions that suggest that bankruptcy is strictly the product of irresponsibility. For many hard working families in Utah, the new federal legislation will make a difficult situation even more so.

Copyright 2004 1Debtfreedom.com.com

About the author:

Talbert Williams offers debt consolidation, debt reduction, credit card debt referrals and advice. For more information, articles, news, tools and valuable resources on debt solutions, visit this site: http://www.1debtfreedom.com

Talbert Williams

california bankruptcy law

Each year, millions of people file bankruptcy as a means of erasing their consumer debts. While this approach may relieve stress, a bankruptcy is damaging, and will hang over your head for the next ten years. Still, it is possible to overcome bankruptcy. The key is making smarter financial and credit decisions. With this said, some people choose to purchase a home after a bankruptcy. Here are a few pointers to consider when buying a home. Reasons to Delay the Buying Process after Bankruptcy If you consult with mortgage or financial experts, they will likely discourage you from buying a home following a bankruptcy. After your bankruptcy is discharged, there is
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Bankruptcy and Your Credit Bankruptcy and credit are directly linked to one another. Credit is how many people run into trouble with their finances, and ironically how they remedy their financial problems at the same time. Credit availability and the encompassing pressure to maintain a good credit ranking will often allow lenders to form prejudices. Many times this can make be the difference between receiving, or being denied, a large loan. When someone goes bankrupt several things take place. By filing for bankruptcy you acknowledge that you are not able to pay your debts and must be relieved from having to pay
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