Lawyers often spend too much time focused on whether a debtor meets the Brunner test for undue hardship that they miss major opportunities to reduce and eliminate federal and private student loan debt. Many people are in forbearance for years while their loan balances continue to grow. Taking advantage of…
Some of you probably already realize this, but all the old Roadrunner accounts (tampabay.rr.com) are being discontinued by Spectrum. It’s odd because some emails are coming through, but replies back and other emails are not. However, bounce backs are not being sent either. Our main email used to be cdalaw@tampabay.rr.com. …
Courts are divided on this issue. The answer may matter as to whether a debtor in bankruptcy must pass the means test. The federal Bankruptcy Code defines consumer debt as debt incurred by an individual “primarily for a personal, family, or household purpose.” … The court may classify student loans as either consumer debt or non-consumer debt. Some courts, like…
Our record now for obtaining forgiveness of federal student loans for one client is over a million dollars. So there is no cap — and this took less than three months. Client consulted with us on 11/11/19 and the Total and Permanent Disability forgiveness of over one million dollars was…
The FCRA requires that “[w]henever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.” 15 U.S.C. Section 1681e(b). That’s a high burden “maximum possible accuracy”! And it is not being…
President Trump’s proposal to eliminate public service is not nearly as bad as the headlines make it appear. Basically, 99.5% of folks are being denied for PSLF right now because they do not know how to qualify. Their federal student loan servicers are doing a poor job of communicating to…
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…
Fresh Start, Not False Start: How New Bankruptcy Student Loan Programs Are Tackling Student Loan Debt January 23 @ 1:00 PM ET ABI’s Consumer Bankruptcy Committee will discuss how new bankruptcy student loan management programs are helping debtors solve their student loan problems. The panel discussion will cover issues affecting…
This year, the Swift Law Group with whom we work closely on our consumer harassment cases sent us a wonderful holiday gift — a chocolate treasure chest! Everyone who saw it exclaimed “Oh Wow!”. Everyone! Then it was a free for all… Thank you to the Swift team!