Recent Blog Posts
U.S. Department of Education Seeks to Define “Undue Hardship” Regarding the Discharge of Student Loan Debt in Bankruptcy
Currently, the U.S. Bankruptcy Code provides that student loans can only be discharged in bankruptcy if excepting the debt from discharge would impose an “undue hardship” on the borrower and the borrower’s dependents. But the Code doesn’t offer a definition or test for determining undue hardship. It’s left to bankruptcy courts to decide undue hardship… Read More »
More Older Americans Filing for Bankruptcy to Deal with Debt
A new study by the Consumer Bankruptcy Project says there’s been a fivefold increase in the number of older Americans filing for bankruptcy in recent years, with job loss, wage decreases, overwhelming health care costs, and reductions in safety net programs all contributing to the escalation. Seniors have reported going without food, prescriptions, and other… Read More »
Federal Appeals Court Holds Property Fees That Become Due After Bankruptcy Proceedings Begin Are Dischargeable
A recent ruling from the Ninth Circuit Court of Appeals, the federal appeals court that governs California law, could reduce the obligations of debtors who owe fees on current property that become due after bankruptcy proceedings have begun. Read on to learn about the case and contact a skilled California bankruptcy attorney with any questions… Read More »
Ninth Circuit Reaffirms Importance of Right to Cure in California’s Rosenthal Law
A recent opinion issued by the Ninth Circuit Court of Appeals reaffirms an important defense that may be claimed by debt collectors who are alleged to have violated the FDCPA. See below for more about the decision towards bill collector mistakes, and contact a knowledgeable Southern California fair debt collection attorney with any questions about… Read More »
Supreme Court to Decide whether a Debtor Who Lied to Obtain Credit can Discharge that Debt in Bankruptcy
A case currently before the Supreme Court may have a serious effect on Americans deep in debt and on how lenders, particularly small business lenders, give out loans. In Lamar, Archer & Cofrin, LLP v. Appling, the Supreme Court is set to answer whether someone who lied about an asset to obtain credit can discharge… Read More »
Look Out for These Signs that You’re in Debt Trouble
Making responsible use of a credit card can help you build a strong credit score. It can help make you an excellent candidate for larger lines of credit down the line, such as home loans or a loan to start a small business. But sometimes, a lack of money literacy or a tragic life event… Read More »
Bankruptcy Can Help You Manage Tax Debt
Few forms of debt are as stressful and potentially damaging as tax debt. Many individuals who have large amounts of debt don’t realize that, in many cases, filing for bankruptcy can help them manage both consumer debt and tax debts. Below, learn about the ways that a bankruptcy filing can provide help in managing past-due… Read More »
How to Decide if You Should Reaffirm a Debt
When filing for bankruptcy, you may have to decide whether or not to reaffirm a debt. Choosing to retain debt that will last after your other debts are eliminated isn’t a decision you should make lightly. Read on to learn about reaffirming debt, and contact a knowledgeable California bankruptcy attorney with any additional questions. Debt… Read More »
Three Common Myths about Bankruptcy, Set Straight
If you’re struggling with overwhelming bills and personal debt, you’re probably looking for a lifeline out of your situation. You may have considered filing for bankruptcy but are scared of what it could mean for your life or financial future. Many of the scariest things (and, unfortunately, one good thing) you’ve heard about bankruptcy are,… Read More »
Catching up on Your Mortgage under Either Chapter 7 or Chapter 13
There are good reasons to file for bankruptcy under Chapter 7 or Chapter 13, and debtors should discuss the advantages of each with their attorney before filing. While many debtors who are behind on their mortgage believe that Chapter 13 is the form of bankruptcy that can best help them get out of debt, some… Read More »