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Restarting via bankruptcy will be getting a lot tougher
By Frank Norton / Raleigh News & Observer

New law will make it extremely difficult to erase a pile of debt and just walk away. Bankruptcy professionals predict a busy summer as filers scramble in anticipation of new federal rules that will make it harder and more expensive to erase debt and start anew.

"We're already seeing an uptick in the number of filings," said Sam Gerdano of the American Bankruptcy Institute, an Alexandria, Va.-based group that includes lawyers, bankers, judges and other bankruptcy professionals.

Nationally, the number of bankruptcy petitions filed in the first three months of the year rose about 8 percent from the previous quarter to 401,149, according to the U.S. Bankruptcy Court. The national total is expected to rise further as the law change draws nearer.

Experts say filings will jump even more in the second and third quarters amid concerns over the new bankruptcy law to take effect Oct. 17. At that time, millions of Americans will be barred from protections provided under Chapter 7 of the U.S. Bankruptcy Code, which wipes out credit card and other debt that is not secured by a house or other assets. More than two-thirds of bankruptcy filers use Chapter 7.

Stephen Gager, 36, a computer technician who was left with more than $30,000 of debt after a divorce, said he is relieved to be among those who recently sought a fresh start under Chapter 7.

"I would feel better if I were able to pay it all off, but in the end it's nice to be able to at least set a new starting point," said Gager, who would become ineligible for Chapter 7 protection after October.

After paying down the bulk of his debt, Gager decided to extinguish the last $6,000 under Chapter 7 so that he could focus on studying full time.

The Bankruptcy Abuse Prevention and Consumer Protection Act will significantly narrow benefits by requiring filers who earn above the median income for a family of the same size in the same state to enter a five-year repayment plan under Chapter 13. That's instead of being able to wipe out their debt under Chapter 7, as now permitted.

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