You May Discharge Student Loans Through Bankruptcy The general rule is that student loans are not dischargeable in bankruptcy.  In order to discharge student loans in bankruptcy, you must satisfy the Brunner Test.  The Brunner test requires that you must demonstrate that (1) you cannot maintain, based on current income and expenses, a ‘minimal’ standard... Read More

The average American’s debt hits records levels this year. The previous record holder was a collective $1.02 trillion in 2008 just before the Great Recession. The average American’s debt has now hit a collective $1.021 trillion – the highest it has ever been. Average American’s Debt Hits Record Levels We should all treat this as... Read More

Bankruptcy is good social policy. There are many myths surrounding bankruptcy.  People think that you can just run up a bunch of debt, file a bankruptcy and walk away scot-free.  That is far from the case.  The bankruptcy code contains numerous provisions to explicitly prevent abuse. Bankruptcy abuse prevention For example, the bankruptcy code’s “means... Read More

Hot Yoga Files Bankruptcy That’s right – the company that brought hot yoga to the U.S. files for Chapter 11 Bankruptcy after the founder’s sexual harassment scandals cost the company millions. Chapter 11 Bankruptcy Due to Chapter 13 Debt Limits Chapter 11 Bankruptcy applies to business entities like corporations. Chapter 11 Bankruptcy can enable a... Read More

Paying Off Student  Loans Early May Be a Big Mistake Student Loans Start Off Well-intended Student loans are great.  They allow you to seek out your dreams and pursue your passions.  Most importantly, they enable you to earn more money so you can provide a better life for yourself and your family.  But student loans... Read More

How Long Does Bankruptcy Stay on Your Credit Report? How long bankruptcy stays on your credit report is a factor to consider prior to filing bankruptcy.  Your credit report is important when it comes to financing a car or a house.  Understanding how bankruptcy may affect your credit is key to knowing what to expect... Read More

How Does Bankruptcy Affect My Credit Score? Generally speaking, most people try to protect their credit score.  Having a decent credit score allows you to finance a home, a car – any expense you cannot afford to pay for all up front.  But what if you are considering bankruptcy?  How will bankruptcy affect your credit... Read More

You heard right – Barbie might need a Bankruptcy Lawyer.  Toys R Us’ Chapter 11 Bankruptcy rocked Mattel toys, makers of Barbie and Hot Wheels.  Toys R Us filed Chapter 11 Bankruptcy last month as a result of a substantial decrease in sales and increase in debt.  Mattel had previously pulled back on shipping Barbie... Read More

Yet again, Congress has given multi-billion dollar banks more control over your daily life.  Yesterday Congress repealed a rule that would make it easier for American citizens to sue banks that had committed fraud or cheated customers.   The Old Arbitration Rule The old rule was simple – if you signed up for a credit... Read More