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Household.
HIGHLIGHTS • Spells out what is a reasonable amount to pay for food, clothing, transportation and housing, and requires the debtor to live within those guidelines unless there is a good reason not to;
• Makes it harder to shield assets by moving to Texas or Florida (or another state with a high homestead exemption) and buying an expensive house;
• Forces the debtor to pay the full cost of an auto loan or lose the vehicle to repossession, even if the vehicle isn't worth the outstanding balance on the loan;
• Requires debtors to complete courses in personal financial management before their debts are discharged in bankruptcy;
• Raises the priority of child-support and alimony payments;
• Places a $1 million cap on the amount in Roth and regular Individual Retirement Accounts that can be shielded from creditors;
• Protects money that has been put in education IRAs;
• Requires debtors to pay all charges made to credit cards in the three months before filing for bankruptcy;
• Makes it easier for landlords to evict bankrupt tenants who are behind on their rent;
• Lets creditors ask the court to dissolve the bankruptcy plan if a debtor is late in filing paperwork, such as copies of paycheck stubs and tax returns;
• Requires bank regulators to study whether credit card companies are offering credit indiscriminately, without regard to whether consumers can repay their debt, and whether the resulting debt is contributing to bankruptcies;
• Requires credit card issuers to disclose how long it will take to pay off a balance if you pay just the minimum every month, and prohibits the issuer from closing your account just because you pay off the balance every month and don't pay interest.
• Instructs the Federal Reserve to find out whether people are going bankrupt because of credit card debt amassed in college.
Under the proposed law, if you earn more than half of other families of the same size, and you declare bankruptcy, the court is required to assume that you are cheating. It's called a "presumption of abuse." If you can't prove that you're not abusing the bankruptcy system, you'll have to find a way to pay your debts. It's like being presumed guilty until proven innocent.
H.R. 2415 is "the highest median income of the applicable state for a family of the same number or fewer individuals last reported by the Bureau of the Census." No additional allowance is provided for families with more than four persons, and for one-person households, the standard is the median family income of the applicable state for one earner. Since the Bureau of the Census does not currently publish such data, we used other published data to estimate the applicable state medians. The median family income for each state (from Census Income Table D) was divided by the national average to obtain a state multiplier. (These ranged from a low of 0.7041 in West Virginia to a high of 1.2825 in Maryland.) For each state and family size, this figure was multiplied by the national median income for that family size (from Census Table H.11). Table H-11. Size of Household--Households (All Races) by Median and Mean Income: 2001 (Households as of March of the following year. Income in current and 2001 CPI-U-RS adjusted dollars28/) ------------------------------------------------------------------------- Median income Mean income Average Size of --------------------------------------- house- household Number Current 2001 Current 2001 hold and year (thous.) dollars dollars dollars dollars size ------------------------------------------------------------------------- All Households 2001 109,297 $42,228 $42,228 $58,208 $58,208 2.58 Households with One Person 2001 28,775 $21,761 $21,761 $31,724 $31,724 (X) -------------- Households with Two People 2001 36,240 $45,245 $45,245 $60,689 $60,689 (X) ---------------------------------------------------------- Households with Three People 2001 17,742 $54,481 $54,481 $68,221 $68,221 (X) ---------------------------------------------------- Households with Four People 2001 15,794 $62,595 $62,595 $78,353 $78,353 (X) ------------------------------------------------------- Households with Five People 2001 6,948 $59,898 $59,898 $75,709 $75,709 (X) ----------------------------------------------------------- Households with Six People 2001 2,438 $57,548 $57,548 $73,315 $73,315 (X) -------------------------------------------------------------- Households with Seven or More People 2001 1,360 $54,560 $54,560 $71,388 $71,388 (X)
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