Recent News
We stay abreast of current legal developments. The law is always evolving.
Warning: These Posts Does Not Constitute Legal Advice; Please Consult An Attorney
Student Loans May Be Discharged In Full
BANKRUPTCY LAW (Student Loans): A former medical student was entitled to $440,000 in debt relief, because he was able to meet the following standards pursuant to Brunner v. New York State Higher Educ. Services Corp., 831 F.2d 395, 396 (2nd Cir. 1987). “Under [11...
The “Minority Rule,” Holds That “Residence” Includes A Non-Primary Residence
BANKRUPTCY LAW (Homestead Exemption): In a recent case, the federal Second District Court of Appeal (NY, NJ, Connecticut) held that any “residence” in which the debtor has an interest is eligible for application of the homestead exemption. The court adopted the...
A Former Medical Student Was Entitled To $440,000 In Debt Relief
BANKRUPTCY LAW (Student Loans): A former medical student was entitled to $440,000 in debt relief, because he was able to meet the following standards pursuant to Brunner v. New York State Higher Educ. Services Corp., 831 F.2d 395, 396 (2nd Cir. 1987). “Under [11...
Trust in Comments: Court Holds Loan to Trust to be “Consumer Loan,” Protected by Fair Lending Laws
When representing clients, attorneys rely on the words of the law (a "statute") and ask the court to implement the plain, obvious meaning of its words. When it comes to federal statutes, however, it is easy to overlook the "comments" by the lawyers for the...
BANKRUPTCY: Student Loans Can be Discharged
The popular wisdom is that student loans are not dischargeable in bankruptcy. One will often hear a potential client say, "I know I can't discharge a student loan." This is not true. Although the bar is high, student loans can be discharged in bankruptcy. The debtor...
BANKRUPTCY LAW: LIABILITY OF TRUST
A trust itself cannot sue or be sued. (Presta (2009) 179 CA4 909, 914). “As a general rule, the trustee is the real party in interest with standing to sue and defend on the trust’s behalf.” (Estate of Bowles (2008) 169 CA4 684, 691)
BANKRUPTCY LAW: Why “Ride Through” is So Important
11 USC Sec.521 governs surrender of property; debtors who stated that they would “surrender” home were compelled to do so. (David Failla, et al v. Citibank, N.A. [11th Cir., Oct. 2016])
Bankruptcy Uniform Laws
Bankruptcy law is federal statutory law contained in Title 11 of the US Code. Congress passed the Bankruptcy Code under its Constitutional grant of authority to “establish... uniform laws on the subject of Bankruptcy throughout the United States.” See U.S. Const....
Bankruptcy is not a Dirty Word, but a Clean Slate!!!
Bankruptcy is not a Dirty Word, but a Clean Slate!!!
