Filing for Bankruptcy

20 Nov How to file bankruptcy – What are Executory Contracts and Unexpired Leases in bankruptcy?

List your executory contracts and unexpired leases on your bankruptcy petition and declare your intention either to accept or to reject those contracts. Contracts that are not timely assumed are rejected and the parties are released from further performance under those contracts. An executory contract is...

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06 Nov Can Bankruptcy Help Solve Your Student Loan Problem Even if Your Student Loan Debt is Non-Dischargeable?

using bankruptcy to stop student loan collectionsAs 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 this standard. Craig points out, correctly, that Brunner was decided at a time when the Bankruptcy Code did allow older (more than 7 years old) student loans to qualify for discharge based on their age and that the time has come to change this extremely difficult to meet standard. In any case, the harsh Brunner standard remains the law of the land and unless and until Congress or the Supreme Court changes it, student loan borrowers who are not on their deathbeds are going to have to find other ways to deal with crushing student loan debt.
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04 Sep Health Savings Accounts Not Exempt in Bankruptcy

A health savings account (HSA) belonging to a Mounds View, Minnesota, police officer was not exempt in bankruptcy, the 8th Circuit Bankruptcy Apellate Panel ruled. The appeals court upheld the bankruptcy court's order thatin Minnesota, anHSA is property of the bankruptcy estate pursuant to 11...

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27 Aug Why The Information You Give Your Bankruptcy Lawyer Has A Sell-By Date

The information your bankruptcy lawyer needs will go stale in a short time. Keeping up the freshness is important to the success of your case. Bankruptcy information is like milk: it smells after it sits for a while. Dump your data on your lawyer, then drop out of sight, and you risk that your bankruptcy filing based on that old information will be seriously inaccurate. Here's why you don't want your bankruptcy information to go stale.
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