Discharging private student loans in bankruptcy is notoriously challenging. The statutory framework governing student loans is designed to render most “educational” debt presumptively non-dischargeable. This means that when you file for bankruptcy under Chapter 7 or Chapter 13, your private student loan debt typically remains unaffected by the discharge order. This means you will still […]
How to Discharge Private Student Loans Read More »
One of the most frequent and critical questions I encounter in my practice concerns how to respond to demands from collection agencies. This is particularly important if you believe the debt is beyond the statute of limitations. Once a debt has surpassed this period, it becomes legally uncollectible. This means that neither the original creditor,
Using Statutes of Limitations to Defend Against Debt Collectors Read More »
After you have filed your student loan adversary discharge case with the Court, it will be assigned to an Assistant US Attorney (AUSA) who represents the Department of Education (ED). This attorney will be responsible for evaluating your case to determine whether or not you will qualify for an adversary discharge of your government student
Student Loan Adversary Litigation Reports Read More »
If you’ve recently filed for Chapter 7 bankruptcy and are a Verizon customer for cellular or internet services, you may have received an email regarding your payment options during bankruptcy proceedings. In it, Verizon Wireless lists the devices subject to purchase money security interests, providing specific details including agreement numbers, dates, device models, amounts financed,
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The automatic stay is a key motivator for individuals filing for both Chapter 7 and Chapter 13 bankruptcy, often shaping when they choose to do so. The automatic stay is mostly utilized in Chapter 13 filings due to its ability to prevent vehicle repossession, wage garnishment, and home foreclosure for up to 5 years. Because
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If you’ve ever faced the stress of a vehicle repossession, you know just how urgent the situation can become. Chapter 13 bankruptcy can offer a way to regain possession of your vehicle, but time is of the essence. Acting swiftly is crucial before your lender auctions off the vehicle, as once it’s sold, retrieval becomes
Motions to Compel Turnover: Retrieving Repossessed Vehicles Read More »
If you find yourself in the unfortunate situation of having your vehicle repossessed due to missed payments, bankruptcy can offer a potential lifeline to regain possession. This article aims to clarify the specific provisions of each chapter of bankruptcy to help you get your car back ASAP. Understanding these legal avenues can empower you to
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When filing for Chapter 7 or Chapter 13 Bankruptcy, you’ll need to furnish your attorney with several documents, which may vary based on factors such as your assets, income, and individual circumstances. Accuracy is important from the start to steer clear of complications and potential issues with the Bankruptcy Trustee moving forward. Here’s a rundown
Bankruptcy Preparation Guide: Documents You Need to Know Read More »
After filing for Chapter 7 or Chapter 13 bankruptcy, you can start the process to discharge your student loans by submitting an Adversary Complaint under 523(a)(8). Once you’ve properly notified the US Department of Education and all other relevant parties, the formal procedure begins. Your case is then assigned to an Assistant US Attorney (AUSA),
Understanding the Student Loan Attestation Read More »
A wage garnishment, also known as a wage attachment or wage deduction, is Court order that instructs your employer to withhold a specific amount of money from your paycheck and send it directly to a creditor. In most cases, a creditor cannot garnish your wages without obtaining a court-issued money judgment first. For example, if
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