Blogs

2 months 1 week ago

 The moratorium on federal student loan payments has been extended again by President Biden to June 30, 2023. An article on this topic can be found on cnet at https://www.cnet.com/personal-finance/loans/student-loan-pause-extended-again-heres-when-youll-have-to-start-paying/
Jim Shenwick, Esq   212 541 6224   [email protected]


2 months 1 week ago

 Governor Hochshul signed a bill on Wednesday November 23, 2022, prohibiting healthcare providers from collecting wages or liening patients' homes to satisfy medical debts. An article about the bill can be found at https://www.mytwintiers.com/news-cat/state-news/hochul-signs-bill-to-protect-new-yorkers-with-medical-debt/
If a creditor wishes to collect a debt in New York, they must sue the debtor, obtain a judgment, and then enforce the judgment. Under New York law a  judgment is good for 20 years. Creditors who attempt to enforce judgments generally do three things: 1.  Lien and levy  on a debtors checking account or brokerage account, 2. Docketing the judgment against the debtor’s house and foreclosing on the judgment and 3. Wage garnishment, a legal procedure in which a person's earnings (10%) are required by court order to be withheld by an employer, and paid to a creditor in satisfaction  of a debt.With the new law signed by the governor, medical creditors will no longer be able to garnish wages or docket judgments against a debtor's house in order to collect on those judgments. If you have any questions about the enforcement of judgments, please contact Jim Shenwick, Esq at [email protected] or  at 212-541-6224.


2 months 2 weeks ago

 Yahoo has a very helpful article about 11 Things You Should Know About Chapter 11 Bankruptcy. 
The article can be found at https://www.yahoo.com/now/11-things-know-chapter-11-161433809.html
Jim Shenwick, Esq   212 541 6224  [email protected]


2 months 2 weeks ago

Can you discharge student loans in bankruptcy?
We’ve got great news for you! Student-loan holders now have a new path to freeing their debt through bankruptcy! If you’ve been worrying about how you can pay off your debts, read on to know if this applies to you!
Portland Bankruptcy Attorney answers questions about the new ruling
In the past, discharging student loans is an almost impossible hurdle in bankruptcy. The Department of Justice vigorously fought against any lawsuits that target getting these types of debts discharged.
But on November 17, 2022, President Biden announced a significant change in how student loans will be treated. The goal is to make the process more consistent and fair. The Department of Justice attorneys will now evaluate each case against certain criteria to determine if a full or partial discharge is possible. The ultimate decision will still rest with the bankruptcy Judge.
We are excited about the prospect that this new announcement will allow us to help people escape their crushing student loan debt. In this article, we will answer these related questions:

  • What do I need to know about discharging student loans in bankruptcy?
  • What is the debt discharge process?
  • What are the criteria to qualify for student debt wipe-off?
  • Where can I find a student loan attorney that can help me?

If you want to eliminate your debt, our Portland bankruptcy attorney is here to help! Call our law office today to learn more!
What Is the Debt Discharge Process?
In summary, here’s what happens after you submit all the relevant paperwork:

  1. The Justice Department, with the help of the Department of Education, reviews the available information
  2. They will look at the factors relevant to your undue-hardship inquiry
  3. Based on that assessment, they will determine whether to recommend that the bankruptcy judge discharge your debts.

Note that the Justice Department attorneys will only make the recommendations. Ultimately, the bankruptcy judge decides whether your debts can be discharged. However, this guideline does provide a clearer and fairer process for evaluating student debt.
What Criteria for Student Debt Wipe-Off Will the Department of Justice Consider?
The Justice Department provided a new process for student loan bankruptcy discharge cases. Before the Education and Justice departments recommend discharge, they will consider the following criteria:
Current Ability to Pay Student Loans.
Using existing standards developed by the IRS and the information you provide, the Justice Department attorney will calculate your expenses and compare those to your income. If the expenses equal or exceed your income, the Department will determine that the debtor lacks a present ability to pay.
Future Ability to Pay Debts.
The Department will then assess whether your inability to pay will persist in the future. The Department attorney will presume your financial circumstances are not likely to change if certain factors are present. These factors include

  • Protracted unemployment history,
  • Retirement age,
  • Extended repayment status,
  • Lack of degree, or
  • Disability or chronic injury.

Where such factors are not present, the Department attorney will assess the facts showing whether your current inability to pay is likely to persist.
Good Faith Efforts.
In determining what courts call the “good faith” standard, the Department will focus on objective criteria reflecting your reasonable efforts to earn income, manage expenses, and repay the loan. The Department attorney will consider, for example, whether the debtor contacted the Department of Education or their loan servicer regarding payment options for their loan.
What Do I Need to Know About Discharging Student Loans in Bankruptcy?
Here are the five points you need to note:

  • This guidance only applies to federal student loans.
  • You still need to file for bankruptcy to discharge your loans.
  • You must file a lawsuit against the Education Department in bankruptcy.
  • You have to complete a borrower-attestation form with your request
  • There are criteria the Justice Department attorneys will consider before recommending the discharge of your debts.

Where Do I Find a Student Loan Attorney?
If you find yourself in deep debt from your student loans, you may be hesitant to hire an attorney. After all, it’s another expense on top of your already enormous financial obligations. However, the costs of not hiring an attorney can be greater than the savings from skipping the attorney fees. If you cannot successfully file your petition, you’ll still be stuck with your student loan debt.
Don’t let that happen to you. If you live in Oregon, our experienced Portland bankruptcy attorney at Northwest Debt Defense Law Firm can help you get a fresh start and experience relief from financial burdens. We also offer services for rebuilding credit after Chapter 7 or Chapter 13 bankruptcy.
Call our Oregon law firm today if you’re ready to take the first step at a secure financial future!


2 months 2 weeks ago

Bankruptcy Can Now Help Millions with Student Loans! Are you nine months or more behind on your student loans?  You are not alone. Typically, ten million Americans are at least nine months behind. And another million fall into that default category each year.  In early November 2022, the Biden Administration cast you a lifeline. For […]
The post New! For Millions, Bankruptcy Help with Student Loans! by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.


2 months 2 weeks ago

Bankruptcy Can Now Help Millions with Student Loans! Are you nine months or more behind on your student loans?  You are not alone. Typically, ten million Americans are at least nine months behind. And another million fall into that default category each year.  In early November 2022, the Biden Administration cast you a lifeline. For […]
The post New! For Millions, Bankruptcy Help with Student Loans! by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.


2 months 3 weeks ago

 ABC has a very helpful article about "Student loan forgiveness update: What borrowers need to know after federal court struck down program". The article can be found at https://abc7ny.com/will-student-loans-be-forgiven-biden-forgiveness-loan-update/12451011/
Jim Shenwick, Esq   917 363 3391  [email protected]


2 months 3 weeks ago

WCNC has an article titled "Better to connect-What small business owners need to know about repaying loans tied to pandemic relief from the SBA"  EIDL Loans. SBA EIDL loan repayment begin this month! As the article notes many borrowers will be unable to repay their EIDL loans.The article can be found at https://www.wcnc.com/article/money/pandemic-sba-small-business-loan-money-local/275-ba12435e-ca7e-48d8-9cad-1c251bbdf706Borrowers who cannot repay their loans, should contact Jim Shenwick, Esq.  [email protected]917 363 3391 for assistance with these problems. 


2 months 4 weeks ago

 Forbes has an article about the consequences of filing for personal bankruptcy. The article can be found at   https://www.forbes.com/advisor/debt-relief/bankruptcy-consequences/Individuals with questions about personal bankruptcy can contact Jim Shenwick Esq.   [email protected]   917 363 3391


2 months 4 weeks ago

 When a bankruptcy petition is filed, section 362(a) of the Bankruptcy Code states that the bankruptcy petition provides a stay on the commencement or continuation of an action or proceeding against the debtor.An "Automatic Stay" provides relief to the debtor by stopping all litigation and collection efforts against him, giving him pause and time to reorganize his finances.After bankruptcy filing, creditors who wish to continue litigation against the debtor must file a motion to lift the stay in Bankruptcy Court. The most common bankruptcy motion is a motion to lift the stay.Last week, we filed two motions to lift the stay, one for a landlord and one for a creditor, so they could finalize an eviction and foreclosure.The law stayed litigation and landlord tenant actions during the pandemic, now creditors and landlords are free to pursue litigation, resulting in increased bankruptcy filings and motions to lift the stay.The Second Circuit Court of Appeals recently decided a Motion Lift Stay case, In re Fogarty, 39 F. 4th 62 Court of Appeals, 2nd Circuit 2022 which demonstrates the complexity and questions that can arise in lift stay practice.Debtor Eileen Fogarty owned a 99% interest in 72 Grandview LLC, which in turn owned a residential property that Fogarty occupied as her primary residence. Bayview Loan Servicing LLC initiated a foreclosure action in which both 72 Grandview LLC and Fogarty were named as defendants. After Bayview obtained a judgment, Fogarty filed a Chapter 7 bankruptcy petition  and Bayview proceeded with the foreclosure sale without seeking relief (i.e. filing a motion for relief from the automatic stay) from the bankruptcy court.Fogarty then sought sanctions against Bayview arguing that Bayview willfully violated the automatic stay. The bankruptcy court denied Fogarty's motion, but the district court reversed that decision and Bayview appealed to the 2nd Circuit Court of Appeals. 
The 2nd Circuit ruled that Bayview violated the automatic stay based on the fact that the debtor was a named party in the foreclosure proceedings (even if the debtor held only a possessory interest in the property) and Bayview was aware that Fogarty had filed a bankruptcy petition.The takeaway from the Fogarty case, is that a creditor must proceed with cause after a Debtor files for bankruptcy and when in doubt a creditor should file a motion to lift stay before foreclosing on property. Creditors that have questions regarding Motions to Lift Stay can contact Jim Shenwick, Esq   [email protected]   917 363 3391.

    


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