Regarding Bankruptcy and Criminal Laws
Many new bankruptcy and criminal laws have been passed in recent years, changing the landscape of Fort Wayne legal proceedings. An experienced bankruptcy and criminal law firm in Fort Wayne, Locke & Witte can help you understand how these changes may impact your legal issue. Our attorneys have an in-depth knowledge of the law and provide excellent support cot clients.
Restricted eligibility for Chapter 7
Some of these new laws make it harder for certain people to file bankruptcy in Fort Wayne. These changes impact bankruptcy law in Fort Wayne, but also across the entire United States.
Under old Fort Wayne bankruptcy laws, filers could choose their own preferred form of bankruptcy. This is no longer the case. Recent laws prohibit some filers with higher incomes from using Chapter 7 in Fort Wayne. To file for Chapter 7 today, you must measure your current monthly income against the median income for a household of your size in your state. If your income is less than this median income, you may generally file for Chapter 7. A Fort Wayne bankruptcy lawyer can explain the rules in detail.
Before filing for any type of bankruptcy, you must complete credit counseling with an approved agency. This counseling should give you an idea of whether bankruptcy is actually required and is your best means of financial recovery.
Other changes to bankruptcy laws in Fort Wayne
Other legal changes include the valuation of property—which is now done on a basis of replacement cost rather than auction value—and the length of time a filer must live in a state to satisfy the bankruptcy exemption laws of that state.
Changes in Fort Wayne criminal laws
Many changes enacted by the Indiana Legislature affect Fort Wayne criminal law. Several new and amended laws impact minor drivers, including:
- The circumstances under which a minor driver may have passengers
- The times of day during which a minor may drive a vehicle
- The prohibition of cell phone use while driving
- Changes to in the minimum age required for a driving permit
Several new Indiana and Fort Wayne laws now exist regarding identity fraud. For example, it is illegal to create a synthetic identity for the purpose of harming others. For criminal lawyers in Fort Wayne, contact Locke & Witte.
The treatment of juveniles
Additionally, there now multiple criminal laws in Fort Wayne—and the rest of Indiana—that affect juvenile proceedings and statements. In order to protect the privacy of the minor, juvenile proceedings previously open to the public may now be closed during the testimony of selected service or health care providers. Statements that a juvenile makes in a criminal conversation or investigation cannot be used against them in court unless they have had the opportunity to consult with a parent and have explicitly waived their rights.
Locke & Witte—your attorneys at law in Fort Wayne
If you need help understanding bankruptcy and criminal law in Fort Wayne, contact Locke & Witte to set up a confidential consultation at 1-260-424-1333. We are sensitive to your situation and we will work with you on our fees.