Category: Chapter 7

How the DOJ’s 2022 guidance changed student loan discharge in bankruptcy

In November 2022, the Department of Justice and the Department of Education issued joint guidance creating a streamlined process for discharging federal student loans…

Can you discharge student loans in bankruptcy in Philadelphia & South Jersey?

Student loans can be discharged in bankruptcy under 11 U.S.C. § 523(a)(8), but only if you prove undue hardship through a separate adversary proceeding.…

Will I lose my car if I file bankruptcy in Philadelphia & South Jersey?

Most filers keep their car in bankruptcy. The federal motor vehicle exemption under 11 U.S.C. § 522(d)(2) protects vehicle equity to a cap. If…

How to file bankruptcy in Philadelphia & South Jersey: a step-by-step guide

Filing bankruptcy is more procedural than dramatic. The U.S. Bankruptcy Code lays out a clear sequence of steps: a credit counseling course, a petition…

Bankruptcy lawyer near me: how to choose one in South Jersey

Searching "bankruptcy lawyer near me" turns up a flood of names and a lot of identical-looking websites. What matters is whether the lawyer files…

How bankruptcy stops wage garnishment immediately in Philadelphia & South Jersey

Wage garnishment stops the moment a bankruptcy petition is filed. The automatic stay under 11 U.S.C. § 362 is a federal court order that…

Bankruptcy exemptions in Philadelphia & South Jersey: what you keep when you file

Bankruptcy exemptions decide what property you keep when you file a Chapter 7 or Chapter 13 case. Federal law under 11 U.S.C. § 522…

How My Client Won Rule 9011 Sanctions Against a Creditor in Bankruptcy Court

A creditor that files a defective bankruptcy paper and ignores warnings can be sanctioned under Rule 9011 and made to pay the other side's…

How My Client Won $20,000 for a Creditor’s Automatic Stay Violation

A creditor that keeps trying to collect after a bankruptcy filing violates the automatic stay under 11 U.S.C. 362(k). In In re Minarik, my…