New Changes in California Make It More Difficult For Debtors

As we welcome in the Holiday Season, our Bankruptcy Courts would like to add a little woe to your cheer.  Effective November 1, 2011 there have been some changes to the Means Test, which determines whether you qualify to file bankruptcy under Chapter 7 of the Bankruptcy Code, and your filing fees have increased.

Cathy Moran previously notified us that the Median Income for California Families has fallen.  A  drop in the median household income means that you must now make less than before to qualify to file bankruptcy under Chapter 7.  It also means we're making less money these days.  These numbers are taken from the Census Bureau that reports household income.  The new numbers for the Means Test are effective November 1, 2011.

Pursuant to 28 U.S.C. §1930 the Judicial Conference approved an increase in filing fees, also effective November 1st.  The increased filing fee for Chapter 7 is now $306.00, an increase of $7.00. Debtors will also have to pay $30 to amend Schedule D, E, F, G or H, up from $26. Creditors will have to pay $176 to file a motion to lift the automatic stay, up from $150.

Jay Fleischman from New York suggests that, "If you have paid your bankruptcy lawyer for your filing fee and your case has not yet been filed, contact your lawyer about the $7 increase in filing fee." I agree. 

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