The Borrower Defense Provision: An Easier Way To Discharge Federal Student Loans (With No Tax Consequences)?By Shannon Achimalbe Feb 3, 2016 at 10:58 AM
"Discharging student loans through bankruptcy is hard. So hard that most people do not try even though they may qualify for some relief. But a certain section of federal law that has been buried in obscurity over the last twenty years is suddenly gaining the spotlight. This code section, known as the “borrower defense” provision, may provide an easier alternative to bankruptcy for petitioning to discharge student loans." Read here
How are Payday Loans treated in Bankruptcy? Read Here
I cannot believe my first post was on 01/18/2012. I know I am a month late.
Mention for $25 off Bankruptcy Petition Preparation.
Reminder All forms changed as of December 1, 2015
Almost all forms in Chapter 7, now individual and separate form for non-consumer, Chapter's 11, 13, 15 are all changing December 1, 2015. You can read more at http://www.uscourts.gov/rules-policies/pending-rules-amendments/pending-changes-bankruptcy-forms
Beginning Monday, November 2nd, the Court's hours will change. The new hours will be 8:00AM to 4:30PM for the intake and records counters, and 8:00AM to 5:00PM for phone calls. http://www.cob.uscourts.gov/
As of July 30, 2015 DebtorCC.org will be charging $14.95 for the first credit counseling online class instead of $9.95 per household. The second class is still $9.95. This is still extremely less than the other competitors out there. They want $25 and up for the first and second class.
10 Things To DO Before Filing Your Chapter 7 Bankruptcy adapted from Bekerman Law Firm Adapted from http://pueblo.craigslist.org/lgs/3905099196.html
10 Things to do before filing your chapter 7 bankruptcy
1) Plan ahead -- If you notice you may be heading towards bankruptcy do not wait until a judgment from a creditor has been entered against you.
2) Make a list of your property – Household items, valuables, clothing, jewelry, accounts, land, homes, etc.
3) Keep your 401(k) or ERISA plan -- Cashing out will cause you to now you have a tax liability instead of having an asset that you could have kept in your bankruptcy.
4) Stop using your credit cards at least 90 days prior to filing -- Any credit card purchases within 90 days of filing will not be dischargeable in your bankruptcy.
5) Stop making payments on the debts that will be filed – it is a waste of your financial resources.
6) Make sure not to transfer assets to family members -- Any property transferred to family members before filing bankruptcy will be looked at by the court and may be considered as never having occurred or even worse may be seen as bankruptcy fraud.
7) Stop getting payday loans -- Any payday loan that is taken out within 90 days of filing is not dischargeable in bankruptcy.
8) Request a tax transcript -- If you think you may owe taxes, make sure you request a Federal and State tax transcript as soon as possible. This will allow for you to know if and how much tax you may owe and also will be able to determine if the tax may be dischargeable.
9) Pull all three of your free credit reports at www.annualcreditreport.com
10) File your bankruptcy before getting divorced -- Any debt that is assumed in the divorce decree or separation agreement might not be discharged in bankruptcy plus you must be married to file jointly
Adapted from http://pueblo.craigslist.org/lgs/3905099196.html
If you are being garnished or have payday loans you may need to close your bank account. Again not legal advice just information others have gave me.
Here is an article from ABA about when Debt Collectors break the law.
I have known those who after asking the collection agency to not phone them and were harrassed actually won a law suit against the debtor. Contact an attorney if you are being harrassed. You still owe the debt but may win damages.
I have been a Bankruptcy Petition Preparer Since 2009.