Student loan debt is on the rise, and could become a problem similar to the recent mortgage crisis, according to a report recently issued by the National Association of Consumer Bankruptcy Attorneys (NACBA). Total student loan debt is approximately $1 trillion, which is about 14 times more than in 1997. Student loan debt has even […]
An adversary proceeding is a lawsuit within a bankruptcy case. These lawsuits are filed in the bankruptcy court and address issues related to the bankruptcy case. Adversary proceedings can address many different types of issues, but in consumer cases they usually involve automatic stay violations, bankruptcy fraud, and dischargeability of student loans. An automatic stay […]
Losing a lawsuit may result in a judgment against the defendant for money damages. In many states having a judgment against you doesn’t mean much. State exemptions protect debtors from losing many of their assets to creditors. Homestead exemptions prevent a creditor from taking a judgment lien against the debtor’s home. However, in Texas the […]
There is no limitation in the Bankruptcy Code as to how many times or how often a person can file bankruptcy. However, there is a limit as to how often a person can receive a discharge in bankruptcy. To determine eligibility to receive a discharge in a second bankruptcy case you must consider under which […]
I am a bankruptcy attorney, so when I file a bankruptcy case I sometimes have to contact lenders to give them notice of the bankruptcy filing and to instruct them to make no further attempts to collect from my client. Lately I have had a lot of contact with creditors who provide payday loans. For […]