Say you have a private student loan and you have previously filed a bankruptcy. Was your private student loan discharged? I’m presuming you did not file an adversary case to obtain a specific ruling as to dischargeability of these loans. What is Homaidan? Loans that could have been discharged as…
The Supreme Court decision of United Student Aid Funds v. Espinosa (2010) 559 U.S. 260 is usually cited for the proposition that a court may not make an order on whether student debt is discharged without an adversary proceeding. In USAF v. Espinosa, the issue was whether confirmation of a chapter 13…
I just put a client together with a reporter doing a story about high interest vehicle loans. I’ll leave the details to him and post here when the story comes out — but I did want to remind folks that there are ways out of these loans. This particular loan…
The Navient settlement today reflects a broad shift in the understanding of higher education debts that can be summarily discharged in bankruptcy. The case is Homaidan v. Sallie Mae Inc., Bankr. E.D.N.Y., No. 17-01085, motion filed 7/21/23. If you are considering bankruptcy to fix your finances, make sure to get…
Can I do All This Myself or Do I Need an Attorney? Yes, dealing with your debt is something you can do yourself. But like anything, sometimes it is better to hire someone who does this day in and day out. Particularly if you have a lot of debt or…
Basically, a Rule 2004 exam is just like any other deposition. In every bankruptcy case, a 341 creditors meeting is set approximately five weeks after a bankruptcy petition is filed. A 341 examination is usually short (about 15 minutes on average) and viewed as the only opportunity for a creditor,…
The United States Trustee Program (USTP) has resumed audits of individual chapter 7 and chapter 13 bankruptcy cases under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 on March 13 ,2023. What does this mean if your case is selected? The USTP contracts with independent firms, utilizing certified…
A bankruptcy claims trading platform called Xclaim just closed a $7 million fund raising round after adding a focus toward crypto claims. If you have funds stuck in one of several centralized crypto related companies which filed bankruptcy last year, this may be of interest to you. I have no…
“It is now time”, states Judge Klein who is charting a path for discharging student loans without being reversed. For years, bankruptcy judges were wary of ruling in favor of debtors who asked for a discharge of federal student loan debt. In part, because those Judges knew their rulings would…
As of April 1, the new Means Test tables are coming out: Family size 1: $60,429 2: $74,131 3: $83,396 4: $100,476 What this means is that if you believed you wouldn’t qualify to file bankruptcy due to your income, think again! The numbers are going up tomorrow!