YAY — Bloomberg posted this tonight at 9:02 p.m. I couldn’t be happier about Secretary DeVos resigning from the Department of Education. It is well known that she has been a thorn in student loan advocates’ sides for quite some time! It’s too early to tell what exactly all the…
How do you feel about discharging student loan debt in bankruptcy? The American Bar Institute (ABI) Consumer Bankruptcy Committee conducted a poll on what changes would attendees like to make to student loan discharges that I found interesting: 10% Recommended no changes – leave it as it is 22% …
Today the American Bar Institute (ABI) Consumer Bankruptcy Committee presented an excellent webinar about the new bankruptcy bill pending in the House. Basically, the House would eliminate the existing Chapter 7 and 13, and replace them with a new Chapter 10 under the Consumer Bankruptcy Reform Act of 2020. While…
Are you receiving notices from any of these five companies? If not yet, you likely will in the next few months. EdFinancial Services F.H. Cann & Associates Maximus MOHELA Trellis Company If so, this is because they all were awarded new contracts by the Department of Education starting in December…
As the owner of a small bankruptcy law practice in Tampa, Florida, we were often thought of as the epicenter of the great recession and foreclosure crisis back in 2008-2012. One thing that always made a big impression on me, was the number of people who genuinely believed and tried…
The question as to whether the private student loans were incurred “solely to pay qualified education expenses” under 26 U.S.C. Section 221(d)(1) is where these cases are won or lost. In Conti v. Arrowood Indemnity Co., No. 20-1172 (6th Cir. 12/14/20), the Court affirmed a bankruptcy court’s judgment against the…
The most important thing about being a POA is to sign as POA! If you are assisting an elderly person with his or her finances, including contracting with vendors for services, such as home health services, assisted living arrangements, under a durable power of attorney, you must make clear to…
Dementia may cause major financial problems long before diagnosis – this was the headline in a recent Washington Post article. Often, family members are the first to notice something awry. The signs could include things like missing critical medications, or putting last night’s leftovers in the toaster oven or microwave…
Despite Secretary DeVos summarily denying virtually every Borrower Defense to Repayment application that was ever filed under her watch, don’t give up hope! The Judge in Sweet v. DeVos just ruled that Secretary DeVos must give prior notice to the Court before denying any more borrower defense claims from student…
Are you STILL having problems with your mortgage servicer after catching up with your mortgage while in a Chapter 13? Are you being charged a huge sum to catch up even after the bankruptcy is over? A mortgage servicer is required by federal law to perform an annual escrow analysis…