October 2010

Supreme Court to Decide Meaning of Key Means Test Provision

by Jonathan Ginsberg, Atlanta Bankruptcy Attorney

A little over a year ago, Bankruptcy Law Network contributor Cathy Moran wrote a post on this blog about the 9th Circuit’s decision in the MBNA v. Ransom case.  At issue was the question of whether an above-median debtor could claim the “ownership deduction” in a means test calculation even if that debtor owned his [...]

Bankruptcy Appellate Panel Gets Student Loan Test Right

by Russell A. DeMott, Charleston Bankruptcy Lawyer

Bankruptcy lawyers and their clients are plagued by the Brunner test when trying to discharge student loans. While the Bankruptcy Code says that student loans may be discharged if the debtor shows “undue hardship,” the Brunner test provides that student loans may only be discharged if the debtor shows: (1) inability, at his current level [...]

New U.S. Trustee for Texas – Region 7

by Pamela Stewart, Attorney at Law

The United States Attorney General has appointed Judy A. Robbins as the new United States Trustee for Region 7.  The United States Trustee Program is a component of the U.S. Department of Justice that supervises the admistration of bankruptcy cases.  Region 7 covers the Southern District of Texas and the Western District of Texas and has [...]

As a bankruptcy attorney, a recent headline offering to tell me the dumbest mistakes I could make if I owed too much debt caught my eye.  Rarely does a potential bankruptcy client come to me as soon as they get into financial trouble; often they have done things to try and fix the problems themselves [...]

Why Bankruptcy Is A Better Choice Than Debt Settlement? A Case Study!

by Kevin Gipson, New Orleans Bankruptcy Attorney

You can’t turn on a radio or watch TV without hearing or seeing commercials for debt settlement companies that suggest that they are a better choice than bankruptcy.   Many, including myself, believe that these companies are scams. There have been several articles on the Bankrptcy Law Network site that discuss the problems with debt collection companies, [...]