QUESTION

Is it true that under the new bankruptcy law the judge determines who you pay back?

Asked on Aug 22nd, 2012 on Bankruptcy - New Jersey
More details to this question:
N/A
Report Abuse

8 ANSWERS

DWI Defense Attorney serving St. Louis, MO
Partner at JCS Law
3 Awards
No.
Answered on May 24th, 2013 at 2:08 AM

Report Abuse
No, but the bankruptcy code does put forth a test to show if you have the ability to pay creditors.
Answered on Aug 25th, 2012 at 1:38 AM

Report Abuse
No. But there is a bit of truth to what you said. The BAPCPA (the new 2005 bankruptcy laws) changed some qualifications about who can file for which type of bankruptcy and added some requirements and restrictions to the process. It did not change the powers of bankruptcy judges to any great extent. The closest point in bankruptcy that involves a judge deciding who gets paid back involves the confirmation of a Chapter 13 plan. In a Chapter 13 bankruptcy credditors are broken up into classes and the Debtor makes monthly payment to the bankruptcy trustee "through the plan" which are distributed to the various creditors in amounts based upons how much is oswed and of what class the creditor belongs to. While the jusge needs to approve the plan this is typically negotiated with the trustee in advance and if there is a plan without objection it will (almost) always get approved. If the Debtor and the trustee are unable to agree on numbers then the issue would be decided by the judge. The numbers to be decided are typically the reasonable monthly expenses, which were half of the disposable income formula: income - expenses = disposable income. It mad a lot of sense. But BAPCPA did add a section mandating the use of a formula involving not the Debtor's actual expenses, but IRS standard exemption numbers for debtor's with above the median income level. This has led to some people paying less than the would have under the old system, although the change isn't really letting the judge just pick and choose who you pay.
Answered on Aug 25th, 2012 at 1:38 AM

Report Abuse
Glen Edward Ashman
No. And please don't make the mistake of filing pro se. Your attorney will have a lot to do with a successful outcome.
Answered on Aug 25th, 2012 at 1:36 AM

Report Abuse
Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
Update Your Profile
No. It is not true.
Answered on Aug 25th, 2012 at 1:35 AM

Report Abuse
No, the bankruptcy code determines who you pay which is as its always been.
Answered on Aug 25th, 2012 at 1:34 AM

Report Abuse
Not really, you may not pay anyone if it is a chapter 7 if it is chapter 13 you pay categories of debts according to your ability, the judge can reject the plan.
Answered on Aug 25th, 2012 at 1:34 AM

Report Abuse
Bankruptcy Law Attorney serving Livingston, NJ
2 Awards
Yes, and No. If you file a Chapter 7 and you are a no asset case, there is no pay back. If you file a Chapter 13, then you must file a Plan which describes who and how will be paid back. If the Trustee agrees with the Plan, then the Judge can confirm it, so the answer is Yes and No.
Answered on Aug 25th, 2012 at 1:33 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters