Legal Question in Bankruptcy in Maryland

New Law

If the law is passed and signed, the effective date is scheduled to be spring of 2003. Will anyone be able to file under the old rules if the date is before the effective date


Asked on 8/26/02, 3:47 pm

4 Answers from Attorneys

Lisa Lane McDevitt McDevitt Law Office

Re: New Law

It depends entirely on the language of the statute that is actually passed. Typically statutes are not retroactive and have an effective date. The point is that we have no idea what will actually pass and when Congress will set the inception date!

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Answered on 8/27/02, 10:44 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: New Law

The effective date of the new bankruptcy statute will likely be set as applicable to all cases "filed" after an established date, but with most statutes of such complexity there will be exeptions set within it. But then this is all hypotheses as such a statute has not yet passed. If you are contemplating bankruptcy as an option for you, contact an attorney. Otherwise, you can file your own bankruptcy and address hearings.

G. J. Holthaus, Esq.

(410) 799-9002

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Answered on 8/29/02, 8:23 pm
Patrick Stiehm Stiehm Law Office

Re: New Law

When and if the new statute passes, your will most likely be able to proceed under the old law prior to the effect date of the new statute. That is the norm but it is all in the hands of Congress.

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Answered on 8/27/02, 6:27 pm
Carolyn Gilden Krohn Law Offices of Carolyn Gilden Krohn

Re: New Law

I am not positive, but I would assume that, with respect to a petition filed prior to the effective date, the current statutes would be applied.

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Answered on 8/26/02, 4:12 pm


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