February 2009

Credit Counseling and Financial Management Training – Traps for Debtors

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

Until we can convince Congress that this is a waste of time and money, take the credit counseling, and take the financial management course. Otherwise, your discharge is in jeopardy.

Debt Settlement Plans Examined

by Dana Wilkinson, Attorney at Law

That bastion of conservative financial thought, the Wall Street Journal, has a telling piece about the effectiveness of debt settlement plans. Mr. Bowman paid hundreds of dollars in up-front fees and made regular monthly payments of $249 to Hess Kennedy, but the Coral Springs, Fla., firm never settled any of his debts, he says. By [...]

Fake Checks – Yet Another Identity Theft Scam

by Jonathan Ginsberg, Atlanta Bankruptcy Attorney

Your mail arrives and it contains a letter from TRS Recovery, a division of Telecheck check verification service.  The letter asserts that you have bounced a $500 check to WalMart.  You call the number for TRS Recovery on the letter, provide the case identification number and ask to speak to a representative as you have [...]

Laid Off? I’m Going to Disney World!

by Brett Weiss, Maryland Bankruptcy Attorney

According to this article in the February 2, 2009 Charlotte Observer, 3,400 people have already applied for 2,100 temporary summer jobs at the local Carowinds amusement park, more than triple the usual number. Of interest are the types of people applying. Carowinds Human Resources Director Sandy Cranford said that the jobs usually attract college students, [...]

Income Contingent Repayment Plans & Student Loan Discharges in Massachusetts

by L. Jed Berliner, Springfield, MA Bankruptcy Attorney

Two Massachusetts bankruptcy judges have disagreed about requiring a debtor to apply for the Income Contingent Repayment Plan when seeking a discharge of student loans. Student loans are discharged if, after a trial, one can prove that repayment will impose an undue hardship.  Here in Massachusetts, that is commonly meant to be an inability to [...]

Car in Someone Else’s Name: Resulting Trust

by L. Jed Berliner, Springfield, MA Bankruptcy Attorney

You’re worried about the car your son put in your name to save on insurance.  Will a bankruptcy trustee take it?  Not in Massachusetts, and probably not in your state. It’s called a “resulting trust,” and this trust relationship is presumed where the non-owner son actually paid for the car and is its primary user.  In [...]