Author: Walter Benenati

Disabled no longer face tax penalty after Student Loan Debt is forgiven The new Tax Cuts and Jobs Act benefits individuals who are permanently disabled and struggling to pay back their student loan debt. Disabled borrowers include veterans who are no longer able to work due to service-related injuries but also anyone who is determined...

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What Are the Consequences of Ignoring a Debt Collector? Ignoring calls from a debt collector can be tempting, but is it always a good idea? Ignoring a problem does not make it go away, and this is especially true with debt. One of the worst things that can happen if you ignore a debt collector...

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Changes Coming to Student Loan Bankruptcy Rules The Department of Education is reviewing the current ‘undue hardship’ standard when it comes to discharging student loan debt in bankruptcy. Judges generally require borrowers prove that they cannot maintain a “minimal standard of living” while repaying the loans, that their circumstances will not change for a significant...

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My name is Walter Benenati. I have come to the realization it is really important that my clients and colleagues know who I am and what I have been through on my own financial journey. It has now been 5 years since my bankruptcy trade line came off my credit report in 2018. For 10...

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Bankruptcy. You hear the word more and more these days. Whether it is Puerto Rico flirting with filing bankruptcy in an effort to reorganize their debts or the rapper 50 Cent filing bankruptcy to protect himself from creditors – bankruptcy is in. And you know what is out? Or at least slowly evaporating? The stigma...

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When you file bankruptcy, our office attends a Meeting of Creditors (341 Meeting) with you. We never hire outside counsel or a cover lawyer to attend. We appear with you. It is scheduled about 30 days after you file your bankruptcy. The hearing itself only lasts a couple of minutes. As each year that bankruptcy...

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It is a common occurrence in my practice. An elderly couple, overwhelmed by credit card debt and dependent on a set income, ask to meet with me for a free bankruptcy consultation. For them, there is no light at the end of their dark, financial tunnel. They feel as if time is running out. Bankruptcy....

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Many of my clients are having problems paying their student loans. And for good reason – the proliferation of so called "schools" have dotted the landscape. If you are home during the day nearly every TV commercial is from some for profit school trying to earn government financial aid money AT YOUR EXPENSE. Most of...

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I recently spoke to a desk clerk at the bankruptcy court and she told me pro se bankruptcy filings are on the rise. Filing pro se is when you file without a lawyer helping you. Sometimes you pay less to a paralegal to prepare the documents. Sometimes they charge as low as $275. They may...

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Google recently changed their algorithm to penalize mug shot websites.  An interesting article by Moses and Rooth who are criminal attorneys in Orlando explained how these websites were affecting their clients.  The article explained how these companies were charging money to remove your name from the site even if the cases were dismissed. We have encountered similar websites in...

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