Do you owe too much? Too little? When filing for bankruptcy, one answer points to a rule yet the other points inward.
If you’re in over your head and are thinking about filing for bankruptcy, you’ve got too much debt.

Proponents of relief for student loan borrowers in bankruptcy had reason to cheer this month in both Washington and Oregon. Student loan obligations are presumptively non-dischargeable in bankruptcy absent a showing of “undue hardship.” 11 U.S.C. § 523(a)(8). To determine if a debtor has shown undue hardship, courts follow the three-part test from Brunner. See In re Pena, 155 F.3d at 1111–12. Under Brunner, the debtor must prove that: (1) he cannot maintain, based on current income and

Workers compensation benefits are funds made payable to an individual who was injured while on the job and unable to perform their duties due to the injury.  The compensation may be considered a main source of income for the household.  If bankruptcy is an option it is common to wonder if benefits can be protected [...]

You would think that the Fair Debt Collection Practices Act would apply to the employees of your Creditors. Why is that? The main reason seems to have been legislative deference to the political power of the credit industry. This means that a creditor’s in house collectors attempting to collect debts in the company name are exempt. Creditors employees do lose this protection if they use a false name indicating that a separate debt collector is involved.

Because the FDCPA applies only to debt collectors, it is useful to look at the narrow exceptions to FDCPA coverage. For purposes of applying the FDCPA, process servers are specifically and narrowly excluded. A process server is not a debt collector while serving or attempting to serve legal process in connection with the judicial enforcement of a debt.

This isn’t my usual bankruptcy fare, but it’s worth sharing and a lot more interesting.  A friend of mine from college has shared some amazing drawings that his grandfather did during World War Two.
You can see the illustrations on Buzzfeed and a few are linked below.

 

As the weather warms and people meet for the first time in months around barbecue grills nationwide, the talk is sure to include a time-honored tradition: ‘poor talk’.

Some debts are treated differently than others when it comes to the means test.  Good thing, too.

Bringing you the most up-to-date news, tips and blogs throughout the web. Here’s your Bankruptcy Update for May 28, 2013 Better Place Runs Out of Juice, Reportedly Plans Bankruptcy What Better Place’s bankruptcy tells us about the future of electric cars Highway Technologies closes doors; files for bankruptcy protection

A Dallas, Texas woman who filed multiple bankruptcy filings was recently charged with fraud.  Estela Martinez, 53, reportedly filed for bankruptcy at least six times in four years.  After multiple attempts at filing her activity was noticed by federal officials who brought bankruptcy fraud charges against her. Martinez filed for bankruptcy six times between 2009 [...]