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Chapter 7 and Student Loans

Student loans are not automatically discharged in a bankruptcy. It requires an adversary proceeding, which is a lawsuit within a lawsuit, in order to determine if student loans are discharged. The factors that have to be met make discharge of student loans relatively rare. However, that is not the purpose of this post. Rather, I wanted to explain what does happen to the student loans. Once the holder of the student loan is notified of the Chapter 7, the loan is recharacterized in their computer system and no action will be taken until the bankruptcy ends. Sometimes the characterization of ...
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Bitcoin and Bankruptcy

There is probably already a post out there regarding bitcoin and bankruptcy because it seems all the rage these days. However, I have not seen one, so I will claim the first. Perhaps though, it is because there is really only one thing to say about bitcoin and bankruptcy. As opposed to the complexity of every other aspect of bitcoin, this is really quite simple: bitcoin is an asset in a bankruptcy so it must be disclosed. I hope that is sufficient explanation. Now that I think of it, though, there could be one rather challenging aspect of bitcoin and ...
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Divorcing Without a Lawyer

Many people get divorced without hiring a lawyer. This is perfectly legitimate and it might save a whole lot of money. Those who are likely candidates for going the self-help route are those couples who are in entire agreement on how to divide property and debt and on a parenting plan if they have children. One caveat to this scenario: make sure you know what the value of assets are that you are agreeing upon. It is an all too common occurrence that one spouse has had significantly higher income or significantly better retirement benefits through their work. Retirement accounts ...
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Plan Payments by Payroll Deduction

This blog post about monthly plan payments is a crucial one. Many of the persons that I assist in a Chapter 13 do NOT want their employer to know they filed bankruptcy. However, I have never seen an employer have a problem with it and the payroll deduction is the best way to prevent problems with the plan later down the road.
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Domestic Violence & Mediation

Judges in Kentucky Family Courts are precluded by law from ordering parties to mediate when there is a Emergency Protective Order (EPO) or Domestic Relations Order (DVO) in place between a couple. In fact, even if there is no EPO or DVO but a court has made a finding that there has been domestic violence, KRS 403.036 keeps a judge from ordering mediation unless the victim volunteers to mediate. The reason for this is obvious, the main issue in a domestic violence situation is the exertion of control by one person of the through intimidation. Physical contact does not have ...
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Saving Your House: Mortgage Business Loans

I speak with many small business owners who have weathered tough financial struggles in their businesses and need some sort of relief. Inevitably, at least one business loan has insisted on a second mortgage against their house. This becomes problematic if the business person is forced into bankruptcy as a last resort and also wants to keep his or her residence. There are two possible sources of relief, only one of which do I address in this post and I am not going to touch on a Chapter 11 at all because that is nearly always to expensive for a small ...
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