US Supreme Court Denies Review of Student Loan Case
The US Supreme Court has declined to review a student loan case that would have presented the question as to the appropriate standard of review for a hardship discharge of student loans in bankruptcy cases. While a number of interesting student loan opinions are coming out from courts across the United States, this was the […]
KEEP READING . . .Voluntary Retirement Contributions and Retirement Loan Repayments are reasonably necessary expenses for Bankruptcy Debtor
In bankruptcy news, a nice, debtor-friendly case came out of the Bankruptcy Court for the Southern District of Indiana. The question presented: whether a debtor’s voluntary retirement contributions and retirement loan repayments are reasonably necessary expenses for bankruptcy debtor. The answer according to this court: Yes!
KEEP READING . . .What does Limited Liability really mean for you and your business? A bankruptcy case explains it clearly.
When working with both individuals and businesses (both new and ongoing), I often get asked whether the corporation that is or was created will protect them from liability (in the general sense). I try to give my best response to such an open-ended question, which is usually something like, “[w]hen done right, a corporate entity […]
KEEP READING . . .Sometimes, (in bankruptcy) letting go is the best thing
People often tend to let their emotions govern their choices, especially in legal matters. It’s ultra-common in divorces, where the parties would rather battle over some issue, keeping the case open another few years and increasing attorneys fees, rather than coming to a sensible resolution. (I once saw a conference where the parties decided to […]
KEEP READING . . .Chapter 13 Bankruptcy Debtors MAY Object to Claims Filed Post-Confirmation
Chapter 13 bankruptcy offers debtors a flexible and versatile way to deal with debts, especially when they may not qualify for chapter 7 bankruptcy, or are attempting to obtain a result not available in chapter 7 cases. For sure, there may be bumps in the road, especially when institutional creditors file documents attempting to obtain […]
KEEP READING . . .Bank Tries to Disregard Loan Modification Agreement that IT OFFERED in Bankruptcy Court!
“Wow!” That was all I could think after reading this case. Unfortunately, poor lender practices, especially in the foreclosure and bankruptcy context, have become all too common. If you or someone you know had been dealing with a foreclosure, then you might be aware of the challenges that had to be overcome to gain some […]
KEEP READING . . .New Bankruptcy Forms Starting December 1, 2015
As of Tuesday, December 1, 2015, bankruptcy cases filed must be filed with new official documents. The new documents are (allegedly) “easier for debtors to understand and complete,” and designed to facilitate some technical enhancements that will be coming to the court electronic filing system in the near future. A quick glance at the new […]
KEEP READING . . .Pro Se Pitfalls: 5 Issues a Pro Se Bankruptcy Filer MUST Understand Before Filing a Bankruptcy Case
Many people shudder at the idea of having to spend money on dreaded attorney’s fees. Especially with respect to civil matters, such as bankruptcy, people look for ways to avoid spending money on legal services. While everyone has the right to represent themself in any legal matter, people must also understand that the laws and […]
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