No You Cannot Get Out of Bankruptcy Just Because You Want To

Chapter 7 is not something that you can dip your toe into in order to check the temperature of the water.  It is something that you jump into and can only be rescued from it if you show cause”  In re Dreamstreet, 221, B.R. 724 (Bankr. W.D. Tex. 1998)

CFPB Takes Action Against Residential Credit Solutions, Inc. For Bad Acts Against Homeowners

Consumer Financial Protection BureauThe Consumer Financial Protection Bureau (CFPB) took action against Residential Credit Solutions, Inc.

David Siegel Talks On Legal Action Television Show

In this excerpt from the Legal Action television show, Attorney David Siegel talks about the types of debts that can be eliminated in a Chapter 7 case.  He also covers the fact that student loans are not typically eliminated in bankruptcy. What type of debts can be eliminated through a Chapter 7 Bankruptcy? A: David+ Read More

Can Filing a Claim in a Debtor’s Bankruptcy be a Violation of the Fair Debt Collection Practices Act? Maybe, But in this Case the Bankruptcy Court Rules in Creditor’s Favor

The Bankruptcy Code is federal law. It affords debtors protections - including the automatic stay and debt discharge injunction - that hold creditors at bay.
The Fair Debt Collection Practices Act (“FDCPA”) is also federal law. It contains limitations on what a debt collector can do when attempting to collect a debt.

Walworth County Creditor Bankruptcy Attorney Answers 9 Commonly Asked Questions

As a Walworth County bankruptcy attorney who represents creditors, you can only imagine how many questions I get asked during initial consultations. I am more than happy to answer all of your questions. Creditors in bankruptcy have every right to be concerned about their owed debt. Depending on the type of bankruptcy the debtor has filed, and a few other details, your options as a creditor can vary. Below you will find answers to some of the most commonly asked questions by creditors in a Walworth County bankruptcy.

Completing All Of The Pre-Filing Bankruptcy Requirements

This excerpt from the Legal Action television show highlights the fact that there are pre-filing requirements that must be satisfied prior to filing for bankruptcy.   Long gone are the days where a person could simply fill out some papers from an office supply store, head down to the Clerk of the U.S. Bankruptcy Court and+ Read More

STUDENT LOAN DISCHARGES IN THE 7TH CIRCUIT: SOME THOUGHTS

STUDENT LOAN DISCHARGES IN THE 7TH CIRCUIT: SOME THOUGHTS
Authored by:  Steven P.Taylor
Student loans have become one of the largest components of debt in American society.  This size is a major problem that the bankruptcy system must address to effectuate its policy goals of fresh start (Chapter 7 bankruptcy) and rehabilitation (Chapter 13 bankruptcy).

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