Court

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 [...]

Can I Keep Two Houses If I File Chapter 13 Bankruptcy?

by Kevin Gipson, New Orleans Bankruptcy Attorney

Can you keep two houses if you file for Chapter 13 Bankruptcy? Like so many questions in bankruptcy, the answer is: It depends. Whenmost peoplefile a Chapter 13 bankruptcythey are generally doing so to either save a house from foreclosure, or because the person isan “over means” debtor which requires them to file a Chapter [...]