by Devin Sawdayi | Aug 22, 2016
A bankruptcy court may grant a discharge of remaining debts at the end of a case, allowing a fresh start for the debtor. Certain debts, however, are not eligible for discharge. A bankruptcy judge in California recently considered a creditor’s argument that an alleged...
by Devin Sawdayi | Aug 16, 2016
Personal bankruptcy under Chapters 7 and 13 offer ways for people to obtain financial relief when their income is not high enough to continue making required payments on their debts. The federal Bankruptcy Code deals with different types of debt in different ways. The...
by Devin Sawdayi | Jul 28, 2016
Seniors, generally defined as people age 65 or older, comprise a growing percentage of the U.S. population. According to the Administration on Aging, part of the U.S. Department of Health and Human Services, seniors accounted for 14.5 percent of the population in...
by Devin Sawdayi | Jul 10, 2016
A U.S. district judge affirmed a bankruptcy court’s dismissal of a Chapter 13 case, finding that the debtor did not respond to two separate motions to dismiss filed by the trustee and a creditor. In re Quezada, No. 1:13-cv-00638, mem. op. (D.D.C., Dec. 20, 2013)....
by Devin Sawdayi | Jul 1, 2016
As of late 2015, about 40 million people in the United States owed a total of $1.2 trillion in student loan debt, an average of $30,000 in debt per student loan borrower. Reform of the student loan system is likely to be a significant issue in the upcoming...
by Devin Sawdayi | Jun 21, 2016
The federal government is perhaps the most tenacious creditor of them all, and it goes to great lengths to recover money it believes it is owed. This applies not only to taxes but also to benefits, such as the Social Security Disability Insurance (SSDI) program. A...
by Devin Sawdayi | Jun 7, 2016
2015 marks the 10-year anniversary of the comprehensive law known as the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) of 2005, Pub. L. 109-8, 119 Stat. 23. Supporters of the bill claimed that it would streamline the bankruptcy process and cut costs...
by Devin Sawdayi | May 27, 2016
Child support, spousal support, and any other “domestic support obligation” (DSO), as defined by the Bankruptcy Code, are treated differently in a bankruptcy case from most other types of debt. DSOs have the highest priority for payment of any unsecured claim. 11...
by Devin Sawdayi | May 18, 2016
The bankruptcy system in the U.S. includes multiple levels of courts, including bankruptcy courts, bankruptcy appellate panels (BAPs), and district courts. Some of these courts have overlapping areas of jurisdiction, while others are excluded from hearing certain...
by Devin Sawdayi | Apr 30, 2016
Medical debt may be the single biggest factor leading to personal bankruptcy in the country. The Affordable Care Act (ACA), which began to take effect in 2014, makes health insurance coverage much more widely available to people. It does not, however, address many of...
