Articles from Shenwick & Associates

Credit.com: How Do Forgiven Student Loans Impact Your Credit?

By Constance Brinkley-Badgett

The idea of having your student loan debt forgiven might sound like a dream come true, but there are a few things you’ll want to consider should you be among those eligible for student loan forgiveness.

Reaffirmation agreements for mortgages in bankruptcy

Here at Shenwick & Associates, we're devoted to helping our clients discharge as many of their debts as possible in bankruptcy. We also aggressively attempt to help our clients retain as much of their property as possible after their bankruptcy case is concluded.

Lifehacker: This Bill in Congress Would Remove Credit Report Strikes After Four Years

Bad credit can haunt you for years. It affects everything from your home purchase to your bills to renting an apartment. Some employers even check your report before hiring you. A newly proposed bill aims to improve the system.

Personal Bankruptcy in 2016: What Can a Client Expect?

On May 18th, James Shenwick delivered a lecture on personal bankruptcy in 2016 to Deliberate Solos.

Exemptions in bankruptcy

Here at Shenwick & Associates, our goal for our consumer bankruptcy clients is to get as many of their debts as possible discharged, while enabling them to maximize the property they can keep in bankruptcy, which is exempted from the debtor’s bankruptcy estate that comes into being when a bankruptcy case is filed.

Bankruptcy law is a federal system, but there’s a complex interplay between state and federal law in practice.  And this relationship between state and federal law also holds true for exemptions from bankruptcy.

Credit counseling and debtor education in bankruptcy

Here at Shenwick & Associates, we’ve filed approximately 1,000 bankruptcies in our 23 years of practice.  And each case is a unique as the person who files it, involving a complex tapestry of assets, debts, real estate, marital status and other factors.  But there’s one thing that all individual bankruptcy filings have in common–individual debtors must complete required educational courses both before and after the bankruptcy filing.  Businesses filing for bankruptcy do not to take these courses.

The automatic stay in bankruptcy

New York Times: Attention, First-Time Buyers

By Michelle Higgins

Exceptions to discharge in bankruptcy

Here at Shenwick & Associates, the magic word for our debtor bankruptcy clients (we represent creditors, too) is "discharge." When a debt is discharged in bankruptcy, the debtor no longer has any personal liability for the debt and the creditor can no longer communicate with or take legal action against the debtor for the debt. This is the primary reason why debtors file for bankruptcy.

Debtor/Creditor Issues for Small Business Startup

  1. Observe your form of organization.

  • Make sure your form of entity is properly set up and continues to remain in existence, or the principals will be personally liable
  • Pay your annual filing fees so your entity remains in existence, or the principals could then become personally liable. 

      2. Pay attention to details.

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