Bankruptcy

“Do It Yourself” Income Based Repayment Plans For Private Student Loans In Chapter 13

I recently read an article that was posted in a consumer bankruptcy attorneys forum titled “Student Loan Debtors Using Chapter 13 Bankruptcy to Buy Time On Payments“.  This article was about “Do it Yourself Income Based Repayment Plans” for student loan Debtors by using Chapter 13 of the Bankruptcy Code. I was happy to see […]

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The Department Of Education Has Finally Given Some Guidance On Student Loan Discharge In Bankruptcy

The Bankruptcy Code prohibits the discharge of student debt unless that debt causes an “undue hardship” for the Debtor.  “Undue hardship” is an amorphous term, which is itself problematic when people of limited means are being asked to pay money to seek to discharge debts that they cannot afford.  The Congress put the additional hurdle

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You Can No Longer Discharge Late Filed State, And Possibly Soon Federal, Income Taxes In Bankruptcy

As we enter the last month of tax season, people who owe taxes have to consider their options.  I often warn clients that nothing good comes from delaying filing.  In addition to the interest and penalty they will have to pay for not paying their taxes on time, they will also need to pay penalties

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Pursuing An Auto Accident Claim When The Defendant Is Bankrupt

I receive daily email of the hot court decisions of the day.  In today’s email, I received a notice about a case of mine.  The irony of this decision is that it is a Bankruptcy Court opinion in which I nominally represent the “Creditor”.  In this case, I represent a pedestrian who was struck by

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