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Are There Any Reasons NOT to File Chapter 7 Bankruptcy? Part 2-You May Not Discharge All Your Debt »

Although filing Chapter 7 bankruptcy usually wipes the slate clean as far as most of your debts are concerned, there are some debts that may not be discharged. 
Certain debts, such as most taxes, child or spousal support, and student loans usually survive the Chapter 7 discharge.  Debts incurred through fraud, may also survive the discharge.  And in [...]

Chapter 7 Bankruptcy May Give (Temporary) Relief from Collectors »

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 by bankruptcy.  However you may experience some relief from their collection for [...]

Payroll taxes: the “loan” that lives forever »

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 the [...]

HELOC in bankruptcy: dischargeable? »

The borrower’s personal liability for a home equity line of credit or a standard second position home mortgage is dischargable in bankruptcy.  A reader of my website Bankruptcy in Brief, emailed me about conflicting input she was getting in her self prepared bankruptcy case.
I learned that the sources of misinformation continue to multiple:  some HUD [...]

I still owe HOA Fees after I filed Bankruptcy and Surrendered my Home? »

Technically yes.  Debtors are frequently surprised to find that they are still personally liable for HOA fees after filing for bankruptcy, even though they have moved out and for all intents and purposes made known their intent in the bankruptcy that they are surrendering their property back to the bank.  Such liability is the result of [...]

Unlisted Debts Are Not Discharged in First Circuit »

Unlisted, unscheduled debts are not discharged in the First Circuit, which covers Puerto Rico and New England (except Connecticut).  All medical bills must all be listed, even if you believe them to be covered by insurance, because the insurance company may later deny the claim.  Cosigned or guaranteed debts of others must be listed, even [...]

Student Loan Hangover - The Economy And Bankruptcy »

Student Loans are a necessary evil for most individuals looking to pursue higher education.  They were for me, and as I look back, I didn’t have to worry about the economy or a difficult job market after I dealt with the bar exam.
Historically, when times get tough, many people go back to school, and they [...]

Carpenter’s Apprentice Training Costs Non-Dischargeable as “Student Loans,” Even Though No Loans Were Made »

In re Kesler, 2009 WL 650421 (Bky.S.D.Ill. March 9, 2009), held that $29,118.18 in carpenter’s apprentice training costs were non-dischargeable as “educational loans” within the meaning of section 523(a)(8) of the bankruptcy law.  The bankruptcy court rejected the debtor’s argument that because no actual monetary loans were ever made to him, his obligation to pay [...]

Student Loans Discharged; Court Rules That Wife’s Income Not Relevant in Determining Income for “Undue Hardship” Analysis »

A Minnesota bankruptcy court recently held that the income of a non-debtor wife should not be considered to increase the income of a chapter 7 debtor, for purposes of considering whether the husband’s student loans should be discharged as constituting an “undue hardship.”  The court held that while the wife’s income could be considered to the extent [...]

Ten Reasons to Delay Filing Bankruptcy! Reason No. 4: Pre-Bankruptcy Transfers »

In determining when to file a bankruptcy consideration should be given to whether you have made any transfers which can be reversed.  In certain situations the Trustee or a Creditor may be able to recover property or money that has been transferred and have those assets brought back into the bankruptcy estate to be available [...]