October 30, 2016 Successfully getting student loans discharged in a Chapter 7 bankruptcy case is very difficult. For the most part, you must show that repayment would cause you “undue hardship.” Most courts us a 3-factor test, called the Brunner test, to determine if you can meet the undue hardship requirement for student loan discharge. What is the Brunner Test? There are […]
As I have discussed in the past, student loan forgiveness (discharge) in Bankruptcy is taken on a case by case basis. Facts: 63 year old Chapter 7 Debtor was a cancer survivor. $43,253 in Student Loans U.S. Department of Education advised her to take advantage of the income-based repayment options to her (ICRP Program). Debtor […]
Background: Debtor Filed Chapter 13 Bankruptcy Debtor waived Medicare benefits for home care to her son; rather than son being cared for in a hospital or nursing home. Trustee objected stating all of disposable income should be devoted to paying back creditors, including the benefits for care of her son. Trustee argued that the benefits […]
Debtor was a disbarred lawyer who did not want to pay a fee for a personal injury case that he received to another lawyer. Background Debtor was a disbarred attorney Case settled for $1,980,000. Disbarred attorney received $661,879.92 but did not pay the other attorney who was entitled to a split of the award. Disbarred […]
One requirement that is very specific in the Bankruptcy Code is: Within 180 days from filing bankruptcy, the Debtor must complete a debtor’s education course. What does 180 days mean? Before the date and time the petition is filed, that course must be completed. In other words, you cannot take it after the Petition is […]
