As a general rule, student loan debt is non-dischargeable. Bankruptcy Code Section 523(a)(8) provides that unless you can show “undue hardship” your student loans will survive your discharge. As my colleague Craig Andresen recently wrote on this blog, the Brunner case, which is the authoritative case defining undue hardship makes it almost impossible to meet […]
Jonathan Ginsberg, Esq.
What happens to your confirmed Chapter 13 plan if your spouse decides to file for divorce? Will the divorce filing trigger an automatic dismissal? Do you have to report this change to the court? Is it possible to change your plan payment to reflect your new financial reality? In this video, Jonathan Ginsberg explains that […]
You may be wondering what happens if you file Chapter 7 bankruptcy and you own assets that cannot be exempted or sheltered under the applicable exemption laws in your district. There may be instances where you need to file bankruptcy to stop a pending lawsuit but you do not have the income to support a […]
Chapter 7 offers many advantages over Chapter 13: faster process – 5 months vs. 5 years lower cost more complete relief from debts When I meet with a prospective client, I start my evaluation by by asking “can this person fit into a Chapter 7?”
Did you know that your time in Chapter 7 is an ideal time to negotiate extremely favorable buy outs or payment terms for secured debts? Because you have the option to surrender secured collateral that may have lost significant value, secured creditors are usually willing to accept pennies on the dollar. While most people see […]
You may be putting off filing for Chapter 7 bankruptcy or Chapter 13 debt consolidation because of concern about not having the exact debt balances due on your credit cards and other debts. After all, bankruptcy involves a federal court filing under penalty of perjury. Let me reassure you that you do not need to […]