Desperate mother, teacher, bus driver and student loan captive for life. This is the actual signature line of a client who we are helping with her federal student loans. The short version of her story: she paid 10 years of consecutive and timely payments only to be told that she…
How much is too much? Unfortunately, the Fair Debt Collection Practices Act and its Florida counterpart do not specify a particular number of calls per day that a creditor can make when trying to collect a debt. An older Florida case is somewhat illustrative in finding the answer. In Story…
The New York Times today in an article titled “Education Department Unwinds Unit Investigating Fraud at For-Profits” shows a department charged with investigations of schools such as DeVry, Corinthian, Everest, ITT, IADT etc., has only three employees now that it has all but been shut down. In addition, the unit’s…
There a lots of reasons a debtor needs to file a bankruptcy. However, debtors should be warned that they are likely giving up valuable rights to fight a foreclosure of their home if they do so — unless they reaffirm the mortgage. Over the last few years, many debtors elected…
Would you know what to do if the Social Security Administration mailed you a letter stating that you have been overpaid and that you owe the government tens of thousands of dollars? No problem, this oversight can be eliminated in a bankruptcy filing. My colleague, attorney Jonathan Ginsberg in Atlanta, Georgia…
We have rented out our second conference room as an office and need to sell the furniture by April 1 if possible. There is an antique oak round table, with two leaves to extend its size, an antique oak bureau and four small chairs. Two single file cabinets free to…
Reports have been surfacing that the Department of Education is kicking borrowers out of Income Driven Plans when they file bankruptcy. It makes no difference if they are in a Chapter 7 or 13. It also doesn’t matter if the debtor is current in their payments. The National Association of…
One common problem encountered by caregivers right after they’ve checked in their loved one at a local nursing home or Assisted Living Facility is whether the facility is one that is covered by the elderly parent’s Long Term Care Insurance policy. Does it have enough staff? Enough beds? 24/7 or…
If you are in default on a federal student loan, one option to cure the default is to enter into a 9 or 10 month rehab plan to cure the default. This can be a paperwork nightmare, with the result ending in wage garnishment if you are not careful. Once…
Ignoring your debtor’s federal student loans in their Chapter 13 bankruptcy can have catastrophic circumstances. While fixing vehicle, credit card and mortgage debt, you may have inadvertently allowed a debtor’s $100,000 federal student loan to balloon into nearly $150,000 by doing nothing. This is because the standard procedure of the…