Category: Chapter 7

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

The undue hardship standard for discharging federal student loans in bankruptcy has not changed. The Brunner test still controls. What has changed is how…

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

Most unsecured debt is wiped out when you file bankruptcy. Student loans are not. The Bankruptcy Code carves out educational debt under 11 U.S.C.…

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

Bankruptcy does not automatically take your car. The federal exemption under 11 U.S.C. § 522(d)(2) protects vehicle equity to a cap, and most filers…

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" from a couch in Camden, Cherry Hill, Mount Laurel, or Atlantic City turns up a flood of names and…

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…