Tag Archives: Bankruptcy Adversary Proceeding

Make Sure Your Bankruptcy Attorney Is Willing to Defend the Automatic Stay

Some creditors just don’t get it. They just keep calling and harassing you with demand letters even after you have filed bankruptcy. Sure, the Automatic Stay contained in Bankruptcy Code section 362 is supposed to prevent creditors from continuing with all such collection efforts, but whether due to reckless disregard for bankruptcy law, pure sloppiness, […]

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

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

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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