New Allowances for Small Banks

After the Consumer Financial Protection Bureau (CFPB) proposed new regulations that require banks to disclose all fee requirements for customers, many small banks across the nation were worried that the regulations could run them into bankruptcy. Yet in mid-August, the agency “took a step toward giving smaller institutions relief in a key area: remittances,” according to American Banker.

The CFPB decided that institutions with fewer than 100 remittances “a year are freed from new fee-disclosure requirements.” The agency may have killed two birds with one stone with this ruling—a Texas banker launched a court challenge to the legitimacy of the agency after the new regulations were proposed, citing the remittance rule as a reason that the agency should be abolished.

In the original new regulations, the CFPB had excused banks with a 25-transfer limit, and raised this to 100 upon the controversy regarding remittances. CFPB Director Richard Cordray said in a press release that the agency “recognizes that in regulations, one size does not necessarily fit all. The final remittance rule will protect the overwhelming majority of consumers while making the process easier for community banks, credit unions, and other small providers that do not send many remittance transfers.” Our skilled bankruptcy lawyers in Phoenix can help you understand these new regulations and how they can work for you.

The CFPB initially proposed the new regulations as a mandate issued by the Dodd-Frank Act, meant to improve the financial solvency of cash-strapped Americans in the slow economic recovery. The new allowance by the CFPB is good news for the many smaller, community banks in Arizona, many of whom were hit hard by the economic downturn, according to a 2010 article in the Arizona Star.

If you or someone you know is facing financial insolvency despite efforts to curb personal bankruptcies across the nation, don’t go through it alone. Contact a dedicated Arizona bankruptcy attorney today.

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How Does the Recent Bankruptcy Reform Act Affect Me

In certain situations, the Bankruptcy Reform Act of 2005 will not affect individuals.

Certain changes were made that now require individuals to meet certain income requirements to file a Chapter 7 or Chapter 13 Bankruptcy.

The Chapter 7, or Liquidation Bankruptcy, process usually takes approximately 4-6 months from Filing The Petition to Discharge.

A Chapter 13, or Repayment Plan Bankruptcy, process usually takes approximately 3-5 years depending on debts and income.

In order to determine which Chapter a person qualifies for (and sometimes a person can actually qualify for both a Chapter 7 or a Chapter 13) certain required income tests are necessary.

Under the new Reform Act all candidates for Bankruptcy must complete 2 counseling or debt management courses. These courses are very helpful, simple and easy to do.

Another important component to the Reform Act of 2005 is that the U.S. Trustee’s Office has instituted a rigourous review of information contained in the Bankruptcy Petitions. Therefore, it is extremely important to use your best efforts to disclose all pertinent information so that the process goes smoothly.

Prior to deciding to file a Bankruptcy, one should consult with an attorney to make sure all the pitfalls and hazards of an improper filing can be avoided. It is much more difficult to ”fix’ a problem AFTER a petition is filed than BEFORE the petition is filed.