There are steps you can take to avoid a preference action in your bankruptcy case. There are several preference defenses available to you in bankruptcy.
Avoiding the Means Test if Your Student Loans Are Non-Consumer Debts
You may be able to qualify to file for Chapter 7 bankruptcy protection if your student loans are determined to be non-consumer debt. Your student loans my help you avoid the means test all together.
SBA Loans and the Statute of Limitations
The government has a 6 year statute of limitations to file suit to collect an SBA loan. There is no time limit to collect on the SBA loan using the Treasury Offset Program.
Educational Debts That Can Be Discharged in Bankruptcy
Some education debts can be discharged in bankruptcy without having to show undue hardship.
Solving the Child/Spousal Support Dilemma through Bankruptcy
Filing for bankruptcy protection can help you resolve issues with child support and spousal support. Chapter 13 gives you the ability to pay back child support and spousal support arrears over a 3 to 5 year period.
Avoid Having to Sell Home to Prevent Foreclosure
Chapter 7 and Chapter 13 bankruptcy can provide you with options to avoid the sale of your home to prevent its foreclosure.
Filing Bankruptcy and My Security Clearance
Filing for bankruptcy does not prohibit you from keeping or obtaining a security clearance. It is generally the reasons behind the bankruptcy filing that can have an effect on your security clearance.
Why You Should Not Delay Filing for Bankruptcy
People often delay getting advice from a bankruptcy attorney and seeking assistance for filing for bankruptcy. Delaying this can have detrimental consequences.
Creditor Reporting of Late Payments Does Not Violate Automatic Stay
The reporting of past due mortgage payments during Chapter 13, without more, does not violate the automatic stay. Creditor who reported past due mortgage payments in a Chapter 13 case did not violate the automatic stay.
Discharging Student Loans related to ITT Technical Institute Closing
Student loans for ITT Technical Institute may be dischargeable if you meet certain requirements. You must have either been still enrolled at ITT when it closed on September 6, or had withdrawn from the school within 120 days before that date. The 120 day may be extended in certain circumstances.
Son’s Juvenile Detention Costs Ruled Dischargeable in Chapter 7
The mother’s debt from the Probation Department for costs related to her son’s involuntary juvenile detention.is not a domestic support obligation and thus not excepted from discharge.
Can You Claim Homestead Exemption If Not Living in Home?
The 9th Circuit BAP indicated that the factors to determine whether you can claim a California homestead exemption are the physical occupancy of the property and the debtor’s intention to live there. Lack of physical occupancy does not preclude someone from establishing residency.