Filing bankruptcy for small businesses just got a whole lot easier! The Small Business Reorganization Act of 2019 takes effect on February 19, 2020. Some of the new features are that it adds a new subchapter V to Chapter 11 of the Bankruptcy Code which is good for small business…
Orlando Bankruptcy Judge Jennemann’s ruling to discharge taxes was just affirmed in Mass. Dept. of Rev. v. Shek, Case #18-14922 (11th Cir. Jan. 23, 2020). Several Circuits around the country including the 1st, 5th and 10th hold that tax debts for late filed returns can never be discharged. The 11th…
Are you looking down the barrel of an arbitration clause in your consumer/creditor agreement? I’ve posted before (Arbitration Clauses in Consumer Contracts – How to Avoid Being Thrown out of Court) on some local case law here in Florida to help avoid arbitration clauses – but here’s a new case…
This is a pretty cool map that shows the southeastern U.S. as ground zero for the student loan crisis. Most all of Florida shows this to be a High, Very High or Extremely High debt level according to this map. I’m glad our bankruptcy court for the Middle District of…
On Friday, August 23, 2019 President Trump signed H.R. 2938, the “Honoring American Veterans in Extreme Need Act of 2019” or the “HAVEN Act,” into law. HAVEN Act excludes from the calculation of monthly income, for purposes of the Bankruptcy Code’s means test, certain benefits paid by the Department of…
Rogers v. Rogers, 12 So.3d 288 stands for the general proposition that student loan debt incurred during the marriage is a marital liability. See, e.g. Smith, 934 So.2d 636, at 641; Adams v. Cook, 969 So.2d 1185, 1187 (Fla. 5th DCA 2007); Banton v. Parker-Banton, 756 So.2d 155, 156 (Fla.…
Which is the better option? Debt management plans have no guarantee that the creditor will accept a negotiated discount. Debt consolidators charge a fee regardless of whether a settlement is reached and often years go by with credit scores dwindling each month. It’s often better to reach a deal with…
Faced with a nearly impossible standard to discharge federal student loan debt in bankruptcy due to undue hardship, creative debtors’ attorneys and the bankruptcy courts are continuing to create pockets of relief wherever possible. Finding that “non-dischargeability does not immunize the student loan claim from modification,”a bankruptcy court confirmed the…
The new median income figures are out this week. Whether you are above or below these figures is not the only factor that is looked at however. But many of the expenses allowable under the Means Test have increased and if you were borderline last year, you may qualify for…
Debt is to be used sparingly. It allows you to make purchases which you cannot afford. In other words, debt allows people to live beyond their means or to spend more than they earn. While this may appear to be a good thing when an emergency arises, there are serious…