Student Loans Not Dischargeable in Bankruptcy

Generally, you cannot discharge your student loans in bankruptcy.  There is an exception for hardship but the definition of hardship is so narrow, the exception rarely applies.

To make matters worse, the time limits for collecting delinquent student loans have been eliminated.  Collection efforts will follow you for years and years.

The National Consumer Law Center established the Student Loan Borrower Assistance Project (SLBA), the premier Internet site for student loan borrowers.  There you will find information on repayment options for borrowers who are unable to pay their student loan contract payments.

How Do I Know the Chapter 13 Bankruptcy Trustee Got My Payment?

How do you know if the chapter 13 bankruptcy trustee received your plan payment?   The chapter 13 bankruptcy trustees in Kansas generally does not mail out receipts for your payments nor do they send you a monthly statement.  There is a handy way to monitor your case on the Internet.

Your canceled check or money order stub is your receipt.  If you are paying by wage order, your pay stub is your receipt.  Keep these records until your case completes in case there ever is an issue over payments.

If you have filed a chapter 13 bankruptcy case, you can signup for a free online access to your account data.  [Read more…]

Kansas Suspends Paying Tax Refunds

The State of Kansas suspended paying $12 million in income tax refunds today and may not have enough funds to pay employee payroll on Friday, according to the Topeka Capital-Journal citing Budget Director Duane Goossen.

The state ran short in its main bank account to pay its bills.  Governor Kathleen Sebelius proposed moving funds from other state accounts, which requires permission of the State Finance Council.  The Republicans on that council are withholding consent until the Governor signs the 2009 budget bill.

Free Credit Reports Aren't Really Free

The frequently advertised free credit report websites aren’t really free–there is a catch.  But there is a place you can get free credit reports once a year without any traps.

Yes, you get a free report on the advertised website, but you have to enter a credit card number and sign up for a monthly credit monitoring service.  That’s free, too, for 30 days, but if you forget to cancel the service after the first month, you automatically get charged for each month thereafter.

Go to www.annualcreditreport.com

On this site you truly can get your own credit reports once per year from each of the three credit reporting agencies. Consumer advocates suggest you pull one of the three reports every four months so you can monitor your own credit at no cost to you.

Lenders Halt Foreclosures Three Weeks

JP Morgan Chase & Co., Citigroup Inc., Morgan Stanley and Fannie Mae have announced they are halting home foreclosures until March 6, 2009, while the Obama administration develops its policy for helping the U.S. housing market.

NPR Airs Story on Judicial Mortgage Modification in Chapter 13 Bankruptcy

Here is a report that aired on National Public Radio this morning about the judicial mortgage modification bill pending in Congress.

“On Capitol Hill, Democrats are supporting a bill that would let judges block home foreclosures. The measure would allow bankruptcy judges to alter home loans. Industry insiders say that would cause more harm than good, but economists disagree.”

Listen to today’s National Public Radio story

on judicial mortgage modification in chapter 13 bankruptcy.

Congress Considers Judicial Mortgage Modification in Chapter 13 Bankruptcy

The Helping Families Save Their Homes in Bankruptcy Act of 2009 is pending in Congress.  If passed, chapter 13 debtors will be able to  rewrite their delinquent mortgage loans by lowering the loan balance to the value of the home, reducing interest rates, eliminating the variable rate and fixing the interest rate, and stretching out the mortgage over 40 years.  The goal is to lower the payments enough to make them affordable for the borrower to keep the home and avoid foreclosure of the mortgage.

Mortgage bankers want your home not your money. They oppose the law change and are lobbying against the proposed legislation.

Mortgage Loan Modification Programs

Here is a collection of voluntary mortgage loan modification programs from various lenders in the United States collected by the National Consumer Law Center, America’s consumer law experts.

Some lenders will modify and some won’t.  Mortgage modification agreements are being offered by some lenders. But all mortgage modification agreements are not equal.  Here’s what’s happening in the real world, today.

Relying on lenders to do voluntary mortgage modifications has not been successful thusfar.  Less than 10% of the voluntary modifications result in reduced principal, more than half capitalize the unpaid interest onto the loan balance, and a third of the modifications reduce the monthly payment while almost half have monthly payments increases.

Kansas Gasoline Supplier Files Chapter 11 Bankruptcy

Crescent Oil Company, Inc., of Independence, Kansas, filed a chapter 11 bankruptcy proceeding in the Kansas Bankruptcy Court in Kansas City, Kansas. The company is a gasoline supplier to retailers in six midwestern states.

The petition for bankruptcy relief was filed by Attorney Lisa A. Epps of the Kansas City law firm, Spencer Fane Britt & Browne LLP. Bankruptcy Judge Robert D. Berger has been assigned to the case.

Information about the case 09-20258 can be found on the Kansas bankruptcy court’s website.

I Want to File a Medical Bankruptcy

The high cost of health care is one of three primary causes of individual bankruptcy.  Frequently, people are left with unaffordable medical bills even if they have health insurance.  We get lots of inquiries about  “medical bankruptcy“.  But you can file bankruptcy just for medical debt.

There really is no such thing as a “medical bankruptcy“.  People think there is because they want to get rid of their medical debts in bankruptcy, yet keep their house and car payments.  This is a misunderstanding.

Most consumer bankruptcies discharge all unsecured debt such as medical bills and credit cards so it may seem like a medical bankruptcy.  But, all creditors must be listed as creditors on the bankruptcy paperwork and notified of the bankruptcy filing.  The house and car lender must know about the bankruptcy and those loans must be paid to keep the house and car.

Can I Keep One Credit Card Out of My Bankruptcy?

Clients sometimes ask me if they can keep just one credit card out of the bankruptcy?  They want to omit it from the bankruptcy paperwork and keep paying the credit card payments after the bankruptcy filing so they can have one credit line.  Usually, this request is prompted by the fear of not having credit after the bankruptcy filing for emergencies.

Omitting a credit card account from the bankruptcy schedules generally BACKFIRES.  Most of the credit card lenders will FIND OUT out about the bankruptcy, even if the account is not listed, and CANCEL the credit line.  Lenders subscribe to electronic services such as Banko to tell them about all bankruptcies filed every day.

Many credit cards such as JC Penney and Dillards are actually the same creditor and notice to one account at GE Money Bank will result in cancellation of all accounts through that bank.  Often lenders run your name through the credit reporting agencies on a periodic basis.  The lender will FIND OUT, it is just a matter of when.

Once the lender finds out about your bankruptcy, the credit card account will be canceled, any post-bankruptcy payments will be forfeited, your account will be sent to collection for any post-bankruptcy charges and you will have negative post-bankruptcy credit history.

Omitting creditors from your bankruptcy schedules is wrong.  Intentially leaving off creditors in your bankruptcy case is fraud and a federal crime.  The discharge of debts is a reward for honest debtors who make full disclosure of their finances.  In addition to risking prosecution for perjury, you could be denied your discharge.

Can I list the credit card and keep it by reaffirming?  Generally, no.  Most creditors will not agree to a reaffirmation of unsecured debts and most bankruptcy judges will not approve such reaffirmations.  Your attorney is not likely to be willing to sign a required affidavit that reaffirmation of credit card debt is in your best interest.

Bankruptcy for Capital-Journal Owner?

Morris Communications, the owner of the Topeka Capital-Journal, and 12 other daily newspapers, is considering its financial options.  The company has hired a well-known Chicago bankruptcy law firm.

Save Your Home with Bankruptcy

Legislation is pending in Congress to change the law to allow judges to modify your home mortgage in chapter 13 bankruptcy. Delinquent mortgages could be stretched out to 40 years, principal due on the loan reduced to the value of the home, and adjustable rates changed to a low fixed rate if the Helping Families Save Their Homes in Bankruptcy Act of 2009 passes.  Judicial modification might lower the payments enough to make it possible to afford to stay in your home.

Contact your elected representatives today by email, phone or fax. This legislative, which President Barack Obama has pledged to sign, is on a fast track but opposed by the many in the mortgage and banking industries. Here is the contact information for contacting Congress: www.savehomewithbankruptcy.com/lobby.htm.

Debtors Arrested for Ignoring Bankruptcy Court Orders, Spending Tax Refunds

Spending a tax refund that belongs to a bankruptcy estate or ignoring court orders may get you arrested by the U.S. Marshals Service and brought before the bankruptcy judge for contempt of court.

The moral of the story is don’t spend your tax refunds without talking to your bankruptcy lawyer first to make sure they are your refunds to spend.  Spending a refund that belongs to the bankruptcy estate can get you in a lot of hot water including denial of your discharge, judgment for the money and arrest if you ignore court orders to appear.

If you have made a mistake and spent refunds inappropriately, don’t ignore court orders.  Let you lawyer know so a plan can be made to make amends.  Getting arrested does not have to happen to you.

Judge Janice Miller Karlin of the U.S. Bankruptcy Court for the District of Kansas, Topeka Division, issued a new policy regarding bench warrants on January 26, 2009:

To assure the sanctity of this Court’s orders for turnover, appearance, etc., the Court will occasionally issue a Bench Warrant [Read more…]

Gambling Your Way Out of Debt Against the Odds

You can’t gamble your way out of debt problems.  The odds are against you.   You might win a jackpot or two but the casino wins in the long run.  We can tell you from years of experience that gambling causes many bankruptcy filings.

Compulsive gambling is an addiction, an illness that can be treated like other illnesses.   In fact, gambling to “solve” financial problems is one of 20 signs of problem gambling according to Gamblers Anonymous, a 12-step recovery program for people who are compulsive gamblers.

Help is available for problem gambling.

Foreclosure Fixes Failing

DATA: MORTGAGE “FORECLOSURE PREVENTION” FIXES FAILING TO WORK, U.S. HOME FORECLOSURE TOLL NOW EXPECTED TO RISE EVEN HIGHER TO EIGHT MILLION

Near Half of Homeowners in “Loan Modification” Programs Face Higher Monthly Payments; Failure of Voluntary Industry Efforts Hikes Pressure on Incoming Obama Administration, New Congress to Clear Way for Court-Supervised Modifications.

WASHINGTON, D.C.//December 19, 2008//Much hyped “foreclosure prevention programs” relying on voluntary loan modifications are failing to reach a significant number of troubled homeowners and are often backfiring when they do so, according to newly updated research released today by the National Association of Consumer Bankruptcy Attorneys (NACBA). The across-the-board failure of these much ballyhooed “fixes” for the foreclosure crisis are expected to result in the new President and Congress facing considerable new pressure to clear the way for court-supervised loan modifications that will prove more beneficial for homeowners. [Read more…]

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