Nick Thompson, a tax and bankruptcy lawyer is a former assistant attorney general who worked for the tax department. At that time, he was assigned to prosecute business, trust, and individual tax cases in West Virginia. (Nick’s license is number 51 before the US Tax Court in Washington DC.) What’s even more impressive that Nick…
Kentucky Debt Collection Statute of Limitation Recently we were asked a question on Avvo about whether a debt collector can collect on an overdraft checking account after seven years. This person had overdraft charges, and USAA bank was holding him accountable on a checking account on the check. He asked if there was limited consumer…
Private student loans must go to court to garnish wages. Many defenses exist to defeat their lawsuits, such as the statute of limitations. But federal student loans have the right to start a garnishment without going through the first step of filing a lawsuit. Also, there are statutes that avoid many defenses like the statute…
There is no statute of limitations for government student loans. Federal Student loans are exempt from the state statute of limitations because of Section 484A(a) of the Higher Education Action and 20 U.S.C. § 1091a(a). However, Private student loans are subject to the statute of limitations and all the same defenses that any other contract…
Thirty days after the claims bar date, the Debtor or their attorney must file a schedule of allowed claims. If the Debtor fails to review the claims and object, the Debtor will be deemed to have agreed to pay the claim as it was filed, possibly with interest. Plans that are confirmed pay back a…