A “Fresh Start” bankruptcy is available in Chapter 7. Chapter 7 is designed for individuals who are called debtors who do not have sufficient income or property to pay their debts along with ordinary household or business expenses. Under Chapter 7, individuals domiciled in Texas may choose Texas or Federal exemptions. The exemption laws exist […]
North East Texas Bankruptcy Lawyer Explains Chapter 7 Bankruptcy Read More »
My client, seventy (70) year old Sulphur Springs Texas resident, working full time at a local department store sought Chapter 7 bankruptcy protection from Sallie Mae and TERI/NCT, student loan creditors. (TERI stands for The Education Resources Institute; NCT means National Collegiate Trust). A discharge under Chapter 7 or Chapter 13 does not discharge student
ISSUE: IN CALCULATING DISPOSABLE INCOME FOR CHAPTER 13 SHOULD COURT CONSIDER ACTUAL INCOME/EXPENSES OR LIMIT INQUIRY TO HISTORICAL FIGURES? Hamilton v. Lanning Argued: 3/22/10 No. 08-998 Court Below: 545 F.3d 1269 (10th Cir. 2008) [Summarized by: Cameron Soran] Full Text: http://www.scotusblog.com/wp-content/uploads/2009/10/08-998_ca10.pdf BANKRUPTCY (Whether when calculating the debtor’s projected disposable income during the plan period, the
Source: Debt collector imprisoned for scam By Matt Gryta NEWS STAFF REPORTER Updated: March 23, 2010, 6:59 am / 4 comments Published: March 23, 2010, 12:30 am Noah Schapiro, a Williamsville debt collector who is a drug and gambling addict, was sentenced Monday to six to 12 years in prison and was ordered to repay
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Source: Credit and Collection News www.wvrecord.com Mar. 10, 2010 | West Virginia’s Legal Journal News > Federal Court Man sues Ky. law firm over debt collection letter 3/9/2010 7:54 PM By Kelly Holleran -Monongalia Bureau MORGANTOWN – A man has filed a putative class action lawsuit against the Kentucky-based law firm that he says illegally
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Source: Credit and CollectionNews.com (The Legal Professional) Wednesday 10 March 2010 The USA lumps all kinds of insolvency proceedings under the single heading of “bankruptcy” and so its headline figures are misleading. But behind the headline figure – that there was a near-30% increase in 2009 as against 2008, there are some trends that indicate
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DEBT COLLECTORS WILL PAY MORE THAN $1 MILLION TO SETTLE FTC CHARGES SOURCE: CreditAndCollectionNews.com A nationwide debt collector has agreed to pay a civil fine of more than $1 million to settle Federal Trade Commission charges that it violated federal law by inaccurately reporting credit information and pressing consumers to pay debts they often did
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4TH CIRCUIT AFFIRMS REJECTION OF RIDE-THROUGH In re Jones 4th Cir. Jan 11 2010 From: http://morganking.com/academyfolder/thisweekhotwire.htmL The chapter 7 debtor did not elect any of the options available for a purchase-money security interest in his car, to wit, redemption, reaffirmation, or surrender. The holder of the Purchase Money Security Interest (“PMSI”) (Daimler/Chrysler) repossesed the car.
4TH CIRCUIT AFFIRMS REJECTION OF RIDE-THROUGH In re Jones 4th Cir. Jan 11 2010 Read More »
From:http://morganking.com/academyfolder/thisweekhotwire.htmL COURT LETS CASE AGAINST CHASE FOR FRAUD ON THE COURT TO PROCEED In re Woodruff Case no. 02-81159 (Bkrtcy.M.D.Ark Jan. 27 2010) Chapter 13 Debtors were in default on their mortgage A plan was approved permitting debtors to Continue making the monthly mortgage payment directly, and Make delinquency payments through the plan Chase moved
