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 [...]

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 [...]

If you have been researching the Chapter 13 process, you know that your Chapter 13 plan amounts to a three to five year repayment plan in which you send money to the Chapter 13 trustee, who then disburses that money to your creditors.
There are a number of things that can go wrong in a Chapter [...]

Whether you qualify for a Chapter 7 or a Chapter 13 depends in large part to the Means Test. The Means Test uses a standard for the “Operating Cost” of a vehicle as set by the Internal Revenue Service (IRS).  The IRS defines Operating Costs as “The operating costs include maintenance, repairs, insurance, fuel, registrations, [...]

People contemplating a bankruptcy filing either already have bad credit or are about to.  You may be perfect with your payments, but you’re running out of steam.  Bankruptcy can improve your credit, since discharged debts must be listed as having a zero balance owed.
Bankrate.com published today about many different ways a bad credit score can [...]

Section 523(a)(16) of the bankruptcy law, as amended by the 2005 Bankruptcy Reform Act, makes homeowners or condominium association fees nondischargeable, but only if the association fees arose after the date the bankruptcy was filed, and only for so long as the debtor has an ownership interest, or some other equitable interest, in the property. [...]

Yes, Virginia, even the federal government must comply with your bankruptcy protections.
Congress waived sovereign immunity for the federal government – including our good friends at the Internal Revenue Service !! – in Section 106 of the Bankruptcy Code.
Well, not entirely.  One can sue for actual damages but not punitive damages.  In the First Circuit, covering [...]

Ever get mail that you don’t recognize and immediately “file” it by tossing it in the trash? If it’s a notice from the bankruptcy court, that could be a costly mistake.
As a case in point, I offer you the story of Michelle Brown (not her real name). Michelle filed for Chapter 7 bankruptcy [...]

In October, 2005, sweeping legislation changed the Bankruptcy Code. Most people rushed to file before these new laws went into effect, simply because they were unfamiliar with the new laws and thought they might not otherwise qualify after they took effect.
By the same token, many Bankrutpcy Attorneys entirely gave up their Bankruptcy Practices instead [...]

Objecting to Claims:  Standing 101
It happens every day.  Thousands of proof of claims are filed in bankruptcy cases throughout America by debt buyers, yet most fail to contain any evidence they actually own the claims.  These claims are then paid, despite the fact that such claims fail to comply with the Bankruptcy Rules, should have [...]