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Bankruptcy Requirements Eased for Hurricane Victims

Here are some of the major changes you should know about under the New Bankruptcy Law.

Following Hurricanes Katrina and Rita, the United States Trustee's office announced special enforcement guidelines for debtors affected by natural disasters. These guidelines are an effort to lessen the impact of the new law on filers who may be displaced from their homes and personal papers.

• The New Bankruptcy: Will It Work for You

Among other things, these guidelines make the following changes for victims of natural disasters who file for bankruptcy:

• Credit counseling will not be required.
• Debtors who cannot provide required documents due to a natural disaster will not face enforcement actions.
• Trustees are to consider the income loss, increased expenses, and other effects of a natural disaster as "special circumstances" that may allow a debtor who doesn't otherwise pass the means test to qualify for Chapter 7.
• Trustees will provide alternate means for debtors to attend creditors' meetings, if necessary.
For more on these rules, go to the website of the United States Trustee, www.usdoj.gov/ust, and click "Enforcement Guidelines for Debtors Affected by Natural Disasters."

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