“It is now time”, states Judge Klein who is charting a path for discharging student loans without being reversed. For years, bankruptcy judges were wary of ruling in favor of debtors who asked for a discharge of federal student loan debt. In part, because those Judges knew their rulings would…
One of the little known facts in a Chapter 13 bankruptcy, is that someone can repay a vehicle loan using the Till rate of interest rather than contract rate, as well as value the vehicle at it’s current market value. That can be important if the vehicle is “underwater” and…
As of April 1, the new Means Test tables are coming out: Family size 1: $60,429 2: $74,131 3: $83,396 4: $100,476 What this means is that if you believed you wouldn’t qualify to file bankruptcy due to your income, think again! The numbers are going up tomorrow!
I know I posted about this before, but it bears repeating as I fear many homeowners will lose their home to foreclosure if they don’t know about this very important rule change last summer. Important new change for opposing MFSJ for those living in Florida. Don’t expect to just show…
By now everyone (our attorney friends) has probably watched a CLE on the new DOJ Guidance to discharge federal student loans, but do you really understand how to do the process? We are on a panel set up by the Bransons in Orlando doing an all-day workshop via Zoom on…
Some borrowers run into trouble with their mortgage companies that is not of their own doing. One thing the mortgage servicer likes to say is that it isn’t their problem, the prior servicer handled that – and the borrower is still in default or owes some fee. However, the subsequent…
Home sellers and home buyers are likely both waiting for some kind of change in the financing markets right now. Those homeowners locked in with low rates do not wish to sell, but cannot maintain a standard of living with their current income and increased expenses. They may not qualify…
One of the early and frequent arguments made by opposing counsel in our private student loan discharge adversaries in bankruptcy is that the student loans were made for an educational benefit and thus are excluded from discharge. Specifically, Section 523(a)(A)(ii) exempts from discharge “an obligation to repay funds received as…
Let’s say you have negotiated a settlement with a creditor. What should you include to help ensure that your credit is the best it can be? First, under the Fair Credit Reporting Act (the “FCRA”), a creditor is not required to report anything, but what it does choose to report,…
Stuck in a timeshare (or nowadays they are called vacation clubs or vacation ownership plans) you can’t get out of? You can get rid of a timeshare in a bankruptcy. If the timeshare is a contract agreement for points etc., then the contract can be rejected as an executory contract. …