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 Chapter 7 of the United States Bankruptcy Code. Changes were also affected in Chapter 13 of the code, but such changes in that section were not as broad or as Read More +

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 (#43) Presidency. According to a report by the U.S. House of Representatives’ Judiciary Committee (Report 109-031), the BAPCPA “represented the most comprehensive set of bankruptcy reforms in more than twenty-five Read More +

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 a “non-partisan ‘fact tank’ that informs the public about the issues, attitudes and trends shaping the world.” The Center is a subsidiary of the Pew Charitable Trusts, the primary funder of Read More +

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 ramifications of the Supreme Court Decision in Bank of America v Caulkett? Why is its construction of the Bankruptcy Code important? Please note that the Supreme Court Decision in Read More +

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 should properly state:   UNDUE HARDSHIP + (NOT A OR B OR C) = STUDENT LOAN DISCHARGE   For the Second Portion of our analysis of Student Loans, the analyzer Read More +

When Can A Student Loan Borrower Contest A Tax Offset?

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Grounds To Fight The Government When They Seek To Take Your Tax Refund To Pay Student Loan Debt There are a number of Defenses that Student Loan Borrowers can use if the Department of Education or its Guaranty Agencies attempt to take your Tax Refund through a Tax Offset, in order to Collect on a Student Loan Debt Obligation. These Defenses Include: 1. Cases in which the Student Loan Borrower qualifies for a False Certification Discharge based upon Ability To Benefit, Unauthorized Signature, or Disqualifying Read More +

Seizure of Tax Refund to Collect Federal Student Loans, Part Ii

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Notice Requirements Under Tax Refund Offset Program; Say What? By Jay Weller Under 31 USC Section 3720A(b), the Department of Education, through its Secretary, can refer a Debt for Offset only after having complied with certain procedures. The holder of the loan must mail written notice to the Borrower’s last known address, as determined by the Department of Education or the Guarantor. The Courts that have heard Notice Issue Cases, have ruled that Actual Notice is not required. The Collector must only use Reasonable Means Read More +

Seizure of Tax Refunds to Collect Student Loans

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The Federal Tax Refund Offset Program Unleashed! The Federal Tax Refund Offset Program involves a complete seizure of all tax refunds that are due to debtors who are in default on their student loans. The Program also permits the seizure of monies due debtors through Special Payments such as economic stimulus monies. The Federal Statute allows these offsets, even for debts that are being administered by or collected by, a third party, or private party, acting on behalf of the Federal Government. This same Federal Read More +

Dim Prospects for Students with Student Loans

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Student Loans Increasingly Come With Lesser Returns And More Burdensome Debt By Jay Weller The Federal Reserve recently reported that less Consumer Loans have reached delinquency than in recent years. This trend is not true for Student Loans where delinquencies continue to climb, and Loans are made without consideration of a Student’s ability to pay. Beginning in 2003, the New York Fed has been examining files procured from Equifax to analyze the dynamics involved with Student Loans. Prior to 2009, young people with Student Loans Read More +