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Bankruptcy

Streamlined Procedures May Allow Easier Hardship Discharges for Disabled Student Debtors

The most-noted change to the student loan rules that went into effect on November 1 of this year was to the Income-Based Repayment option for federal student loans. The changes will undoubtedly benefit many student debtors with lower monthly payments than before. The change to the federal code also touched on another subject: debts owed …

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Obama Administration Enacts ‘Pay-As-You-Earn’ Rules for Student Loans

The student loan system in the United States is quite complex, and many people who have trouble paying their student loans don’t know whether the loan is guaranteed by or direct from the federal government, or whether the loan is from a private lender. In terms of how it’s handled in bankruptcy, the difference hasn’t …

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New York Chapter 13 Cram-Downs Possible for Investment Properties, Not Necessarily Easy

Most bankruptcy debtors choose Chapter 7 because it allows them to quickly discharge their unsecured debts. They can keep their houses and cars through exemptions or reaffirmation agreements, but many people, particularly those with investment properties, want to choose Chapter 13 because it offers them the option to strip liens on underwater second (or greater) …

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What Happens after a Chapter 13 New York Repayment Plan Is Confirmed?

For those who choose to file in Chapter 13, getting the repayment plan confirmed is usually a big event because it starts the clock on their three- to five-year repayment plans. The question they often ask is, “What happens next?” There are a few things, large and small. One, the debtors choose the payment system, …

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Education Department’s ‘Gainful Employment Rule’ Unlikely to Hinder For-Profit Schools

One of the biggest offenders stoking the student debt problem is for-profit higher education institutions. They’re roundly criticized for taking their students’ government debt dollars to sell them degrees they know that they can’t use, will be unable to complete, or will default on. They engage in reckless, hard-sell enrollment practices. For instance until recently …

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Medical Identity Theft Can Throw You into New York Bankruptcy

Identity theft is one of those crimes that can happen to New Yorkers without warning and can take months to years to resolve at great expense. Worse, there’s little one can do to prevent it, aside from keeping private information secure. As if this weren’t bad enough in itself, people are reporting a new ripple …

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