In her January 7, 2020 ruling, Chief Bankruptcy Judge Celelia Morris discharged $221,385.49 in student loan debt for Navy veteran and lawyer Kevin Rosenberg under chapter 7 bankruptcy. Not surprisingly, Educational Credit Management Corporation (ECMC) — a nonprofit that guarantees and services student loans on behalf of the Department of Education (ED) — is challenging the decision.
Recently in New York, Chief Bankruptcy Judge Cecelia Morris discharged more than $220,000 in student loans for a borrower. In her ruling she criticized the fact that many lawyers "believe it impossible to discharge student loans." She stated, "This Court will not participate in perpetuating these myths."
That’s the message that watchdog Mike Calhoun is shouting around the country. In a recent NPR article Chris Arnold reports how Calhoun is trying to get lawmakers to listen just like he did back when he recognized the recklessness of the subprime mortgage market. Back then he projected over 2 million subprime mortgage foreclosures but was ridiculed by the industry. The cost of ignoring his warning was waves of defaults and foreclosures that propelled the country into the worst recession in generations. Now Calhoun is focused on the Student Loan Crisis.
The National Consumer Law Center recently published a report on state exemption laws titled Still No Fresh Start in 2019: How States Still Let Debt Collectors Push Families into Poverty. After surveying all 50 states, they concluded that none of these jurisdictions have adequate laws in place to protect debtors.
President Donald Trump signed three bills on Friday, August 25, 2019 that are designed to assist veterans, small business and family farmers during and after bankruptcy proceedings. When the bills passed in the U.S. Senate, ABI Executive Director Samuel J. Gerdano summed up the bills as a modernization of the Bankruptcy Code.
Once you receive an email from attorney Chris Bush at DebtDoc announcing that your bankruptcy case has been filed, you must follow the procedures outlined here to ensure that you prepare and satisfy all the legal requirements for the bankruptcy procedure and ultimate discharge of your qualified debt.
The “Meeting of Creditors” is a mandatory appearance you must make on the date supplied to you by attorney Chris Bush. The location of this meeting is in room 1234 of the Edward J. Schwartz Federal Office Building. A map and directions can be found at this link. Your attorney, Chris Bush, will want to meet with you for a few minutes before this meeting to go over the Meeting of Creditors Questionnaire and answer any questions you may have. Please allow plenty of time to get there - allow time for traffic, finding parking, and getting through security. You can expect the follow steps at this meeting:
You must have a valid government-issued photo ID and acceptable proof of your Social Security Number when you arrive at the security desk.
You are required to complete 2 courses in a bankruptcy case. You completed the first before your case was filed. Your second course is due no later than 60 days after your initial meeting.
There is no reason to wait – you can do the second course now!
Everyone affected by the NorCal Fires has a claim in the bankruptcy case filed by PG&E Corporation on January 29, 2019. PG&E’s bankruptcy filing does not end the lawsuits filed on behalf of fire victims, but it does require that claims must be filed with the court by the deadline of October 21, 2019. If you were affected by the NorCal fires, speak to a lawyer now to understand your legal rights.
A recent Bankruptcy Appeals Court decision changes the way plan payments are defined and when plan modifications are consequently considered allowable.
The Student Borrower Bankruptcy Relief Act of 2019 was introduced today by U.S. Senators Dick Durbin (D-IL) and Elizabeth Warren (D-MA) and by U.S. Representatives Jerrold Nadler (D-NY-01) and John Katko (R-NY-24). This is potentially exciting news for graduates with crushing student loan debt. We will be closely following this bill as it makes its way through Congress.