Tag archive for ‘bankruptcy discharge’
How can I prove “undue hardship” to discharge my student loans?
by Stephen Trezza on 8/10/10 | 0 Comment(s)
Proving the “undue hardship” requirement to discharge your student loans is a very difficult task. But while this one exception for discharge is reserved for extreme of economic situations, in some situations your student loans may be partially discharged. For instance, a 62 year old man with no dependents who could not find public or [...]
Bankruptcy and Taxes
by Richard Stokan on 7/19/10 | 0 Comment(s)
As a general rule, you cannot discharge back taxes in bankruptcy. Certain income taxes, however, can be discharged under limited circumstances. When filing for Chapter 7 bankruptcy protection, taxes can be discharged under the following circumstances: (1) the taxes are limited to taxes on income. Taxes levied for fraud, payroll taxes or sales taxes do [...]
The Automatic Stay and You
by Jacob on 6/11/10 | 0 Comment(s)
If you are thinking about filing for chapter 7 bankruptcy, chances are that you have experienced numerous collection attempts from your creditors. The attempts can range from a harmless collection letter to your creditors garnishing your wages. One of the great advantages of filing for chapter 7 bankruptcy is that as soon as you file, [...]
Garnishments and Bankruptcy
by Richard Stokan on 6/03/10 | Comments Off Comment(s)
What is a garnishment? A garnishment is basically a legal collections tool where a creditor obtains a court order compelling an employer to withhold a portion of an employee’s wages. The amount that can be withheld is capped at 25%, however, the percentage may vary depending on the state issuing the garnishment and the type [...]
When Can Credit Card Companies Challenge Your Discharge?
by Drew Broaddus on 5/21/10 | 1 Comment(s)
Nearly all of the individuals who visit our office have concerns about credit card debt. While this type of debt can typically be discharged through a Chapter 7 bankruptcy, this is not always the case. Credit card issuers sometimes challenge the discharge of their debt in bankruptcy by filing a lawsuit in the bankruptcy court [...]
Documentation Required to File for Bankruptcy
by Richard Stokan on 5/17/10 | 0 Comment(s)
In these economic times, more people with retirement accounts and significant assets are inquiring about filing for bankruptcy protection. One of the most frequent questions I am asked is what documentation do I need to file for bankruptcy? The simple answer is, if it is listed on the bankruptcy petition you need documentation. Although it [...]
Filing An Adversary Proceeding to Discharge Student Loan Debt
by Drew Broaddus on 5/07/10 | 1 Comment(s)
Student loans are not usually discharged in Chapter 7 bankruptcy. It is difficult, but not impossible, to do so if you can show that payment of the debt “will impose an undue hardship on you and your dependents.” See 11 U.S.C. § 523(a)(8). Whether a student loan is discharged based on hardship is not automatically [...]
Federal Rules of Civil Procedure Apply in Bankruptcy Adversary Proccedings
by Drew Broaddus on 4/30/10 | 0 Comment(s)
An adversary proceeding is essentially a civil complaint filed in the bankruptcy court. There are three parties in a bankruptcy court case who can file an adversary proceeding: a creditor, the Trustee, or the debtor. The filing of an adversarial proceeding requires the Bankruptcy Judge to make a decision about the issues presented. When a [...]
Discharge Violations
by Steven Striffler on 3/25/10 | 0 Comment(s)
There is nothing more sacred to a debtor than the discharge of their debts that every debtor receives at the end of their bankruptcy case. Most debtors when they decide to file bankruptcy are resigned to the fact that they cannot pay their debts and what they seek most dearly is to stop the endless harassing phone [...]
Sixth Circuit Court of Appeals Looks At Student Loan Hardship Discharge in Chapter 13 Bankruptcy Cases
by Drew Broaddus on 2/26/10 | 0 Comment(s)
As various bankruptcy attorneys have discussed on this site, and as I recently discussed on our firm’s website, student loans are not usually discharged in bankruptcy. However, these debts can be discharged under limited circumstances through a hardship discharge. In the case of Jennifer Cassim v Educational Credit Management Corp., the U.S. Court of Appeals [...]
