Archive for the ‘Discharge’ Category

Student Loans: No Discharge in Bankruptcy UNLESS You First Attempt Administrative Options

In filing for bankruptcy protection, the consumer cannot expect that student loans will be discharged along with normal consumer debt, like credit cards.  The reason is that the Bankruptcy Code, under 11 U.S.C. § 523 (a)(8) states that student loans are nondischargeable, unless the consumer is able to bring a separate lawsuit and show, in […]

TWO, FOUR, SIX, EIGHT! A DISCHARGE YOU’LL APPRECIATE!

For most consumers, filing a bankruptcy is a once-in-a-lifetime occurrence. But for others, even after being granted a discharge of debt in bankruptcy, they find themselves in that unbelievable situation of having to ask the question – if I filed for bankruptcy protection previously, can I file another bankruptcy and get my debts discharged? The […]

What Should My Credit Report Look Like After My Bankruptcy Discharge?

After you have filed your bankruptcy petition with the Court, the ultimate goal is to get a discharge order from the Court. This is a court order which specifies that all debts which are subject to a discharge have been eliminated – your obligation to pay them has been legally terminated. A bankruptcy discharge order […]

Mandatory Busywork – Required Courses to File Bankruptcy and to Get Your Discharge

Almost exactly ten (10) years ago, the 109th Congress enacted and then-President George W. Bush signed the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA).

The “Brutal Truth” About What Filing Bankruptcy Does to a Consumer’s Credit

One of the most frequent questions I have been asked in my 15 years (so far) of representing consumers as a bankruptcy attorney is some variation of the below: • Will I never be able to get credit again? • Will bankruptcy filing trash my credit permanently? • Won’t I be better off signing up […]