Articles from Nebraska Debt and Bankruptcy Blog

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Junk Debt Buyer Accused of Manufacturing Evidence

Submitted by Anonymous (not verified) on Thu, 01/23/2014 - 15:47

Lori Swanson.jpgMinnesota Attorney General Lori Swanson has filed a lawsuit against a junk-debt buyer, Bradstreet & Associates, accusing that firm of charging an inflated interest of 22% on debts for overdrawn bank accounts that may

Credit Card Lawsuits: 3 Things You Must Do Now

Submitted by Anonymous (not verified) on Sat, 01/11/2014 - 19:23

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If you have been sued by a credit card company or by a debt buyer such as Midland Funding, CACH LLC, LVNV Funding, Portfolio Recovery, Cavalry SPV, Asset Acceptance, Unifund CCR Partners or Encore Capital, you need to take immediate action.  Here are three things you must immediately do to win the credit card lawsuit in Nebraska:

Contracts? We Don't Need No Stinking Contracts!

Submitted by Anonymous (not verified) on Fri, 01/03/2014 - 13:00

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I sued you, you didn’t file an answer,
and you didn’t come to court.
What more do I need to prove?
 --Remark made by an attorney for a junk-debt buyer.*

Court Limits Right to Avoid Auto Liens

Submitted by Anonymous (not verified) on Tue, 12/17/2013 - 22:37

Across the State of Nebraska, you could have heard a collective groan of debtor attorneys as the Nebraska Bankruptcy Court issued a new ruling limiting the ability of debtors to avoid liens in motor vehicles.  In the case of In re Cardwell, the Court ruled that a debtor may not utilize the “Tool of the Trade” exemption of 

Court Changes Chapter 13 Fees

Submitted by Anonymous (not verified) on Sun, 12/15/2013 - 21:14

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How much does it cost to file Chapter 13?  I have answered that question for nearly 20 years, and it seems that about every 5 years the local court rules provide a different answer.  Well, the Nebraska Bankruptcy Court rolled out yet another compensation system for debtor’s attorneys effective December 1, and this time I think the Court got it right.

Student Loan Discharged for Senior Citizen

Submitted by Anonymous (not verified) on Mon, 11/04/2013 - 12:00

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Student Loan Update

Submitted by Anonymous (not verified) on Thu, 10/31/2013 - 18:24

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There has been a definite change in the attitude of bankruptcy courts are taking towards the discharge of student loans in bankruptcy.  I am reading cases throughout the nation that indicate a greater willingness of the Courts to discharge these debts.  A case affecting debtors in Nebraska with student loan debt underscore this recent change in judicial attitude.

Should You Incorporate Before Filing Bankruptcy?

Submitted by Anonymous (not verified) on Fri, 10/18/2013 - 23:25

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Whether a business is incorporated or not can have a dramatic impact on the outcome of a bankruptcy case, especially in Chapter 7 cases where the bankruptcy trustee has the power to sell non-exempt assets.  Successfully filing a business bankruptcy in Nebraska depends on understanding the important difference between incorporated and unincorporated business assets. 

Mortgage Lenders Refuse to Report Timely Mortgage Payments: The Reaffirmation Problem

Submitted by Anonymous (not verified) on Thu, 07/18/2013 - 00:51

156350123.jpgI get this complaint all the time:  “My mortgage company is not reporting that I am paying my mortgage payment on time each month because I did not reaffirm their loan.”  

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