The United States District Court located in San Diego recently issued an opinion on December 10, 2008, holding that student loans may be discharged in chapter 13 bankruptcy cases where the creditor fails to object after receiving proper notice. Other cases around the country are also holding the same and the United States Supreme Court [...]
June 2009
On May 22, 2009, President Obama signed into law the Credit Cardholder’s Bill of Rights Act of 2009. The provisions of this new law go into effect in February, 2010. A detailed explanation of the provisions of this new law may be found at Adam Levitin’s informative article on the CreditSlips.com blog. In reviewing the [...]
What happens when you cannot make your Chapter 13 payments due to unexpected bills? A furnace goes, or a car breaks down, or you get sick or hurt. What then? There are a number of options. None of them are “Keep this secret from your lawyer!” You can ask for a suspension, or moratorium of [...]
Filing Chapter 7 bankruptcy will stop collection efforts of your creditors, however that relief may be temporary if your debts are of the kind that are not discharged in bankruptcy. Some debts, like student loans, child support, many taxes, and a few others, are not discharged . However you may still experience some relief from [...]
My client’s business corporation is long dead and he’s back to working for others. But six quarters of unpaid corporate payroll taxes not only become his personal debt, but a tax that is never dischargeable in bankruptcy and a priority claim which must be paid in his Chapter 13 case. It is so tempting for [...]
Upon filing bankruptcy, an automatic stay goes into effect. In a Chapter 7, the “Automatic Stay” (like a restraining order) prevents creditors from doing anything to collect a debt. The Chapter 7 automatic stay is a limited stay that ends a few months after filing Chapter 7 bankruptcy anyway. Creditors might wait until the stay [...]
