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March 2016 Archives

Student loan debt and the undue hardship requirement

In our last post, we spoke about the possibility of filing a Chapter 13 bankruptcy case to obtain relief from student loans. As we noted, though a bankruptcy filing would temporary provide relief to a graduate, it would not ultimately result in discharge of student loans, at least not ordinarily.

Using Chapter 13 for student loan debt relief: a temporary, but viable solution

While more Americans than ever are able to pursue higher education nowadays, the costs of education continue to rise and the availability of high paying jobs has not kept up with the demand. Because of this, student loan debt is a major problem for many Americans.

Debt collection and the automatic stay, P.2

In our last post, we looked briefly at some of the changes made by a recent bill signed into law by Governor Scott Walker. Those changes, as we noted, make it easier for creditors, including debt buyers, to validate debts in court and remove deterrents to pursuing ill-founded collection actions.

Debt collection and the automatic stay, P.1

The Wisconsin Consumer Act is an important state law which was passed to provide protections for consumers in credit transactions and debt collection. Among other things, the law limits interest and non-interest charges in credit transactions; establishes the right to cancel certain types of contracts; requires judicial intervention for certain types of repossession; and requires disclosures of specific information in credit contracts and advertising

Chapter 11: an opportunity for struggling businesses to reorganize, revitalize, P.2

Keeping a business afloat is not always an easy matter, particularly when developments in the market change the way consumers shop for goods and services. Businesses that fail to keep up with these changes eventually end up with poor performance and possibly significant financial burdens. This is particularly true for companies that have failed to adapt to the shift toward online retail.

Chapter 11: an opportunity for struggling businesses to reorganize, revitalize, P.1

For businesses and people who own businesses, burdensome debt and faltering income can be challenging in the same way it is for individuals. When a business comes to the end of its financial rope, bankruptcy begins to show up on the radar of possibilities. Fortunately, bankruptcy can provide necessary relief for businesses on the brink of collapse.

Factors to consider when deciding between Chapter 7 and Chapter 13 bankruptcy, P.4

Discharge is an important term in bankruptcy, and is a particularly important part of Chapter 7 bankruptcy. In recent posts, we've been discussing some of the considerations that need to be taken into account when deciding which form of bankruptcy is right for one's circumstances. Differences in discharge are one such consideration.

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