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    Category: student loans

    • Should I File For Bankruptcy? – Reasons Why Bankruptcy May Be Right For You

      Should I File For Bankruptcy? – Reasons Why Bankruptcy May Be Right For You

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      The decision to file for bankruptcy is a tough one no matter how you cut it. Going through the bankruptcy process takes time and money. Once a petition is filed, a person’s entire financial situation is a matter of public record and open to others. The process will take an emotional toll on the filer…

    • BANKRUPTCY ABUSE PREVENTION & CONSUMER PROTECTION ACT OF 2005 (BAPCPA) Part II

      BANKRUPTCY ABUSE PREVENTION & CONSUMER PROTECTION ACT OF 2005 (BAPCPA) Part II

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      Part II – Changes in Bankruptcy Law [See related articles on this blog: The Bankruptcy Abuse Prevention & Consumer Protection Act (BAPCPA), “Part I, Rationales” &Part III The “Means Test in Bankruptcy”] The enactment of the Bankruptcy Abuse Prevention & Consumer Protection Act (BAPCPA) in April, 2005, wrought significant changes in the law embodied in…

    • THE BANKRUPTCY ABUSE PREVENTION & CONSUMER PROTECTION ACT OF 2005 (BAPCPA) Part I

      THE BANKRUPTCY ABUSE PREVENTION & CONSUMER PROTECTION ACT OF 2005 (BAPCPA) Part I

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      Part I–Rationales [See related articles on this blog: “The Bankruptcy Abuse Prevention & Consumer Protection Act (BAPCPA), ‘Part II, Changes in Bankruptcy Law’, and “Part III, The Means Test in Bankruptcy”] The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) was a “bankruptcy reform” measure passed by Congress during the fifth year of the Bush…

    • The Millennial Generation: “Selfish Slackers” or Next Modernist Generation?

      The Millennial Generation: “Selfish Slackers” or Next Modernist Generation?

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        Who are the “Millennials”? According to a recent study by the Pew Research Center, “Anyone born between 1981 and 2000 (ages 18 – 37 in 2018) is considered to be a Millennial… anyone born from 2001 onward will be part of a new generation”. As stated on its website, the Pew Research Center is…

    • INTERNAL REVENUE SERVICE USE OF PRIVATE COLLECTION AGENCIES

      INTERNAL REVENUE SERVICE USE OF PRIVATE COLLECTION AGENCIES

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      In December of 2015, Congress passed a transportation bill entitled Fixing America’s Surface Transportation Act, and included in the Act was a provision requiring the Internal Revenue Service (IRS) to use private collection agencies for the collection of certain outstanding tax debts.  The Act provides that the private collection agencies will only prosecute select accounts…

    • COSIGNER LIABILITY ON STUDENT LOANS, CHAPTER 13 BANKRUPTCY, AND NEGATIVE CREDIT REMARKS – Part II

      COSIGNER LIABILITY ON STUDENT LOANS, CHAPTER 13 BANKRUPTCY, AND NEGATIVE CREDIT REMARKS – Part II

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      When the cosigner of a student loan files Chapter 13 bankruptcy such debtor will often offer to pay a portion of the student loan through the Chapter 13 plan.  In the example posed in Part I, the debtor offered to pay 50% of the student loan through the Chapter 13 plan.  Assuming the borrower has…

    • Yes Virginia-student Loans Can Be Discharged In Bankruptcy (part 3)

      Yes Virginia-student Loans Can Be Discharged In Bankruptcy (part 3)

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      WITH STUDENT LOANS IN BANKRUPTCY, THE FACTS DETERMINE THE LAW PART THREE OF THREE By Jay Weller Please refer to Parts One and Two of our Blog Series on the Discharge of Student Loans in Bankruptcy, for context and understanding. Many Articles found in the mainstream media references Student Loans in Bankruptcy decry the difficulty…

    • Yes Virginia-student Loans Can Be Discharged In Bankruptcy (part 2)

      Yes Virginia-student Loans Can Be Discharged In Bankruptcy (part 2)

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      WITH DISCHARGE OF STUDENT LOANS IN BANKRUPTCY THE FACTS DETERMINE THE LAWPART TWO OF THREE PARTSBy Jay Weller This is our Second Part in our Blog Article regarding the Discharge of Student Loans in Bankruptcy.  Please refer to Part One for context and understanding. The Cases of Tetzlaff and Conway teach us some valuable lessons…

    • YES VIRGINIA-STUDENT LOANS CAN BE DISCHARGED IN BANKRUPTCY

      YES VIRGINIA-STUDENT LOANS CAN BE DISCHARGED IN BANKRUPTCY

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      WITH DISCHARGE OF STUDENT LOANS IN BANKRUPTCY THE FACTS DETERMINE THE LAWPART ONE OF THREE PARTSBy Jay Weller The mainstream media is reporting on a recent case pertaining to the Discharge of Student Loans in Bankruptcy, in which the Supreme Court elected to not hear on Appeal, as an indicator that Student Loans will remain…

    • BANKRUPTCY AND STUDENT LOANS

      BANKRUPTCY AND STUDENT LOANS

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      Before Bill Clinton became President, Student Loans were Dischargeable in Bankruptcy provided that the Student Loan was over seven years old, absent any deferrals.  Congress, with Clinton’s cooperation, removed the seven year rule. In 2005, Congress and George W Bush, enacted new Bankruptcy Legislation that provided that almost no Student Loans can be Discharged in…

    • RAMIFICATIONS OF THE SUPREME COURT’S LAWLESS DECISION IN BANK OF AMERICA V CAULKETT

      RAMIFICATIONS OF THE SUPREME COURT’S LAWLESS DECISION IN BANK OF AMERICA V CAULKETT

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      MESSAGE FROM A BANKRUPTCY ATTORNEY IN CLEARWATER, FLORIDA PART TWO Jay Weller is a Bankruptcy Attorney in Clearwater, Florida. Jay Weller and Weller Legal Group have Law Offices in Clearwater, Port Richey, and Lakeland, Florida, and have filed over 40,000 Bankruptcies, since 1993. In order to understand this Article, please read Part One. What are…

    • The US Bankruptcy Code And Student Loans

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      The US Bankruptcy Code And Student Loans: Constructing The Plain Meaning Of The Bankruptcy Code In Attacking Student Loans  Part II In Series by Jay Weller   Editors Note: In Part One in our Series on Student Loans, the writer offered an Equation in determining whether Student Loans can be Discharged in Bankruptcy. The Equation…