Autor: Walter Benenati

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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The Dangers of Filing for Bankruptcy Pro Se When someone is facing the possibility of bankruptcy, he or she is arguably already with limited financial resources. It is for this reason that many individuals filing for bankruptcy decide to file without the assistance of an attorney, also known as filing bankruptcy pro se. While filing pro...

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Mi línea comercial de quiebra salió de mi informe crediticio hace 3 años. Por diez años, esta quiebra estuvo en mi informe crediticio y ahora reflexiono sobre mi vida en esos últimos diez años. En junio de 2008, mi espalda estaba contra la pared y estaba tratando de salir del abismo. Me acababa de convertir...

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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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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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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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The Federal Housing Administration will allow a bankruptcy debtor to get a mortgage backed by FHA in as little as one year after bankruptcy – if certain minimal criteria are met. The one year timeframe also applies to short sales and even foreclosures This is yet another acknowledgment that the “stigma” of bankruptcy has been replaced by...

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