When You May Need a Lawyer in a Chapter Seven Bankruptcy

Attorney, Steven R. Elias, in the book, Your New Bankruptcy Will it Work for You?  Answer this question.

Mr. Elias says most chapter seven bankruptcy sail through without a hitch.  However, there are some situations in which you may need some help from of bankruptcy lawyer:

Your average income over the last six months before you file is more than your state’s median income, and it looks like you won’t be able to pass the means test.

You want to hold onto a house or a motor vehicle and they exceeded the allowable exemptions.

In cases where you want to get rid of a student loan or an income tax debt that wouldn’t normally be wiped out in a bankruptcy unless you convince the court that it should be discharged.

A creditor files a lawsuit in the bankruptcy court claiming that one of your debts should survive your bankruptcy because you incur debt through fraud or other misconduct.

The bankruptcy trustee seeks to have your whole bankruptcy dismissed because you didn’t give honest and complete answers to your questions about your assets, liabilities, and economic transactions.

The U.S. Trustee asked the court to dismiss your case-or force you into chapter 13-because your income is high enough to fund a new chapter 13 repayment plan, or because the trustee believes that your filing it is an abuse of the chapter seven bankruptcy process or other reasons.

You have recently given away or sold valuable property for less than it is worth.

You went on a recent buying spree with your credit card (especially if you charged more than $550 on luxury goods within the last 90 days).

You want help negotiating with a creditor or the bankruptcy court, and the amount involved justifies hiring a bankruptcy lawyer to assist you.

A creditor is asking the court to allow it to proceed with its collection action despite your bankruptcy filing (for instance, a creditor wants to foreclose on your house because you’re behind on your mortgage payments).

You are being evicted by your landlord because you are behind on your rent.

While it is obvious that most people can handle their own chapter seven bankruptcy case with the assistance of a professional, like the paralegal it isn’t right for everyone.  It never hurts to get some legal advice before proceeding with a bankruptcy.

For more information call Discount Divorce and Bankruptcy for a FREE consultation.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Anthem, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Sun City West, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

Email: DiscountDivorce@msn.com

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

Student Loans in Bankruptcy

Student loans are no longer dischargeable in bankruptcy just because they have been in pay status for a given period of time. The only way the loan can be discharged is by proving that repayment of the loan will create an undue hardship on the debtor/borrower and his family.

This standard is generally interpreted to mean that the debtor cannot maintain a minimally adequate standard of living and repay the loan. It usually requires a showing that the conditions that make repayment a hardship are unlikely to improve substantially over time. Many courts use the test for undue hardship found in the Brunner case.

Courts in some circuits will permit the judge to find that the debtor can repay a portion of the loan without hardship, and to discharge the balance of the loan.

To discharge a student loan in bankruptcy, the debtor must bring an adversary proceeding in the bankruptcy case. The debtor must prove at trial that repayment constitutes undue hardship.

There is some small comfort in the federal regulations which restrict the amount of a student/borrower's wages that can be garnished to repay a student loan to 10% of the borrower's take home pay. 59 Fed. Reg § 22473.

Of course, the lender also has the right to intercept tax refunds and apply them to the loan.

For more information contact an attorney of visit DiscountDivorcePro.com