Even if you surrender your home in bankruptcy, you are still liable for your homeowner’s or condominium owner’s association dues that become due after the date of filing. As a general rule, all the debt that you owe on the day you file your bankruptcy is discharged, including past-due HOA and COA dues. However, because [...]
Discharge of Debt
A well-dressed, young couple was sworn in at their bankruptcy meeting of creditors (341 hearing). The trustee asked the usual questions. “Your plan proposes to pay your attorney, the filing fee, pay off your car and some taxes, and nothing for the unsecured creditors,” the trustee summarized. “Yes,” the debtors and their attorney nodded. What happened [...]
The Eighth Circuit Bankruptcy Appellate Panel upheld a lower court’s ruling discharging $204,525.00 in student loans, despite the lender’s argument that the debtor could have continued her education and sought higher-paying employment as a chiropractor. Shaffer v. U.S Department of Education, No. 12-601o (8th Cir.BAP Oct. 30, 2012), involved an unmarried debtor in her mid thirties [...]
You are probably aware that the Bankruptcy Code includes Section 523 which sets out the rules whereby a specific debt can be deemed non-dischargeable in a bankruptcy case. Certain types of debt, such as damages arising from a DUI or past due child support, can never be discharged. Other debts, like student loans can be [...]
Yesterday, May 22, 2012, the Supreme Court declined to hear the appeal of the large damage award levied against Boston University student Joel Tennenbaum for downloading and sharing 30 songs on Napster. Wikipedia’s summary of the case can be read here. First of all, this post is in the nature of a thought experiment; it [...]
I’ve been meaning to tell you something for awhile now. It’s going to be a bitter pill to swallow, but it’s better that you know now rather than later. Someone’s be spreading around this rumor, and it’s annoying as all get-out. Rather than buying a billboard in Times Square to tell you the truth, I [...]
