June 2008

Is Administrative Discharge of Student Loans Available in Bankruptcy?

by Kent Anderson, Oregon Bankruptcy Attorney

Administrative discharge is not available according to the United States Bankruptcy Court for the Northern District of Ohio in the case of Donna Gregory v. U.S. Department of Education  (April 1, 2008), which ruled that the requirement of undue hardship must always apply to the discharge of student loans in bankruptcy. The court then used [...]

Thoughts From The Lawyer’s Office Paralegal: Top Ten Don’ts

by Karen Oakes, Southern Oregon Bankruptcy Attorney

Recently, Jill Michaux discussed, the “33 Don’ts For Preparing To File Bankruptcy“. My staff reviewed the list and found it to be excellent, but then, they started discussing their own list, recognizing that the “33 Don’ts” involved mostly dealings with the attorney and consequences from the Court. The staff believes that they spend more time [...]

Can I Be Sued If I’m Making Payments To The Credit Card Company?

by Douglas Jacobs, California Bankruptcy Attorney

There are lots of street myths about debts and payments. One prevalent one is that the credit card company can’t do anything if you are making even bare minimum payments. This simply isn’t true. The statement you receive from the credit card company each month has a minimum payment amount. This will change based on [...]

What is a Debt Collector? The Fair Debt Collection Practices Act (FDCPA) defines the term “Debt Collector”  to include ”…any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, [...]

Identity Theft: What Can The Average American Do?

by Karen Oakes, Southern Oregon Bankruptcy Attorney

Millions of Americans have been affected by identity theft.  Identity theft happens when someone else uses YOUR personal information to commit a fraud in your name.   Your personal information can be your name, your social security number, or anything that identifies you as YOU.    Identity thieves can do an incredible amount of damage before they [...]

Should I Use An Estate Planning Service To Get A Reverse Mortgage?

by Kevin Gipson, New Orleans Bankruptcy Attorney

Eugene S. Melchionne in his article entitled:  “Is A Reverse Mortgage Right For You?” provides a excellent summary of the pros and cons of the reverse mortgage and is necessary reading if you are considering a reverse mortgage. So what if you have weighed the pros and cons and have decided to get a reverse mortgage!  [...]