Category Archives: Bankruptcy Litigation

The Bankruptcy Code’s (and the Courts’) Treatment of Student Loans Is the Gift to Lenders That Keeps on Giving

By Jon G. Brooks | Published: April 29, 2012
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In 1976, Congress amended the Bankruptcy Code to make government backed student loans nondischargeable in bankruptcy unless the debtor could prove that being forced to repay her student loans would impose an “undue hardship.” This exceptional treatment of student loan debt ran counter to the general principle of bankruptcy law to favor a fresh start [...]

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Collections Are Calling About a Debt That Was Discharged in Your Bay Area Chapter 7 Bankruptcy? Call Our San Jose Bankruptcy Attorneys Right Away

By Jon G. Brooks | Published: December 12, 2011
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It happens. Perhaps it’s due to sloppiness on the part of the creditor in failing to enter into their computers the fact that they received a copy of your bankruptcy discharge order from the Bankruptcy Court.  Or perhaps it’s the result of the fact that debt collection companies buy and sell consumer debts like Wall [...]

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