January 2008

NEWS FLASH – There could be a foreclosure crisis

by Chip Parker, Jacksonville Bankruptcy Attorney

January 28, 2008 – The Florida Times-Union reported today that the subprime mortgage collapse “could be turning into a foreclosure crisis.” I checked the date on my paper to be sure that I had not travelled back in time during my sleep because that bit of prognostication would have been more impressive a year ago. [...]

Can I Surrender an Expensive Car in My Chapter 13 – What Will Happen?

by Jonathan Ginsberg, Atlanta Bankruptcy Attorney

My husband and I are thinking about filing for chapter 13 in Arkansas. We bought two new cars in the last 6 months. One of the cars we bought was only worth $30,000 but we financed over 45 thousand for it. My husband spoke to an attorney and »crosslinked«

Student Loan Payments Special Circumstance in Means Testing

by Kent Anderson, Oregon Bankruptcy Attorney

While paying a student loan outside a Chapter 13 plan may be an option in bankruptcy, student loan debt may help an above median debtor pass the means test and file a Chapter 7.   A monthly student loan payment is a valid additional circumstance allowing a debtor with above-median income to file for Chapter 7 [...]

Can I Lose My Student Loan Money In My Bankruptcy Case?

by Craig Andresen, Minneapolis, MN, Bankruptcy Attorney

If you are considering bankruptcy and happen to have the proceeds of your recent student loan sitting in your bank account, what happens to this money? Is it subject to being taken by the trustee to pay your creditors? If so, your education plans could be derailed: you could be unable to pay tuition, or [...]

The “Drive More People Into Bankruptcy Act of 2005″?

by Karen Oakes, Southern Oregon Bankruptcy Attorney

Recently, on MSN.com, columnist Liz Pulliam Weston, wrote an opinion piece entitled, “Let’s Punish Lenders Of Easy Credit.” Ms. Weston points out that in the year following its implementation, revolving debt rose at a sharply increased level than previous years (despite nearly 2 million folks rushing to file before the law changed on October 17, [...]

Well, actually you should not be getting any mortgage statements during your Chapter 13 case. But this technical violation might help remind you to make your monthly payments. Even better, this technical violation may provide you the “smoking gun” of evidence that your creditor is violating bankruptcy laws.