Articles

Student loan debt can be discharged in bankruptcy under limited circumstances. To have student loans discharged in bankruptcy, the borrower must prove that repayment would cause an undue hardship, which is difficult to do. In most cases, student loan debt is not dischargeable in bankruptcy. However, recently the government has enacted a new process to review student loan debt in…Read More

In bankruptcy, your budget is used to determine your monthly expenses, which will be factored into your qualifications for bankruptcy. This information is used to determine how much you can afford to pay towards your debts each month. To calculate your budget, the court will consider a variety of factors, including your: Income, including any salary, wages, or other forms…Read More

Bankruptcy can potentially help with car repossession by providing an automatic stay, which temporarily stops most collection actions, including repossession, while the bankruptcy case is pending. However, in Chapter 7 bankruptcy, the individual may have to surrender the car if they cannot afford to continue making payments. In Chapter 13 bankruptcy, the individual may be able to keep their car…Read More

Bankruptcy is a legal process that allows individuals or businesses to have their debts discharged or reorganized. It can provide relief from harassing creditor calls and lawsuits, and can stop wage garnishments and property foreclosures. There are several types of bankruptcy, but the two most common for individuals are Chapter 7 and Chapter 13. Chapter 7 bankruptcy involves selling non-exempt…Read More

Bankruptcy is a legal process where an individual or a company is unable to repay its outstanding debts and seeks protection from its creditors. It involves the transfer of assets to a trustee and the distribution of those assets among creditors according to a specific priority. The goal of bankruptcy is to provide a fair resolution for both the debtor…Read More

Quite often, I receive a phone call asking, “If I file for Bankruptcy, will I lose my home?”  Well, the short answer is -- No, you will not lose your home if you plan accordingly.  What does this mean.  Typically, most of my clients do not have enough equity in their home to worry about this issue.  However, if you…Read More

When Congress enacted BAPCPA, the Bankruptcy Abuse Prevention and Consumer Protection Act, in 2005, many people believed that Chapter 7 Bankruptcy no longer existed. A chapter 7 bankruptcy is also known as a liquidation bankruptcy. The means test was enacted with BAPCPA under 11 USC §542. The means test in simple terms is a mathematical computation designed to determine whether…Read More