CHAPTER 13 MODIFICATION, CONVERSION, REFILING AND EARLY DISCHARGE • VIDEO
Chapter 13 Modification, Conversion, Refiling, and Early Discharge Sometimes a debtor loses income and can’t complete their Chapter 13 plan payments. For instance, what if a debtor is diagnosed with cancer and can’t work and complete Chapter 13? He may need time off from the payments. Four options prevent you from losing the benefits of […]
Cheap Low-Cost Attorney Fees in Chapter 7 Bankruptcy
The problem with cheap low-cost attorney fees in Chapter 7 Bankruptcy is you get a cheap 500 – 600-dollar attorney. Some debts fail to be discharged. Fees are added on later. Work often gets filed late or goes unfiled because you didn’t pay for it. Or you lose property because he won’t do the work […]
How to Discharge Student Loans in Bankruptcy • Video
Protections for student loans limiting your ability to discharge student loans in bankruptcy have increased since 1978. Originally you could discharge all student loans until the following events occurred: An amendment in 1978 made student loans dischargeable in bankruptcy after five years of repayment. In 1990 bankruptcy discharges for student loans went to 7 years. […]
Student Loans in Bankruptcy – Hardship Discharge • Video
In the 2010 case of Espinosa, the Supreme Court decided perfect notice to a student loan lender was not necessary. In some cases, a student loan can be hardship discharged in bankruptcy without first determining undue hardship in an adversary proceeding. An adversary proceeding is a separate lawsuit filed in your bankruptcy case. These adversary proceedings give the […]
History of Student Loans in Bankruptcy
Until 2005, students could freely file bankruptcy and discharge private student loans. Additionally, prior to 1998 student loans could go into bankruptcy 7 years after they became due. However, since 2005, the bankruptcy options on student loans are cut down to discharging the debts only if they meet the qualifications for a hardship discharge. There […]
Paycheck Garnishments from Student Loans & the IRS
Both the IRS and Government guaranteed student loans can perform paycheck garnishments without going to court. But bankruptcy can stop the paycheck garnishments even if they are priority debts or they are not dischargeable. In fact, the IRS and Department of Education can issue the orders even in states that don’t allow garnishments. However, Chapter […]
