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Articles Posted in Chapter 13

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Have You Been Sued By A Debt Collector?

Most of my clients come to me after a garnishment has been sent to their job. A few come to see me as soon as they are served with the lawsuit.  I wish they would come to see me on the day they get sued, but that is not always practical.…

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Can bankruptcy help with student loans?

Yes and no.  Student loans cannot be discharged in a Chapter 7 or Chapter 13 bankruptcy (unless you can establish substantial hardship).  Changes to the US Bankruptcy Code in 2005 even made private student loans non-dischargeable. BUT – a Chapter 13 does allow you to decrease or stabilize the repayment of your student loan…

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What is a “substantial or undue hardship” when it comes to student loans?

A debtor must establish a substantial or undue hardship in order to receive a discharge (debt wiped out) of student loan debt in a Chapter 7 or Chapter 13 bankruptcy.  Undue hardship typically means that you cannot maintain a minimally adequate standard of living and repay the loan.  The rule, found in…

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Frank Coxwell, Guest of MPB Show “Money Talks”

Frank with Kevin Farrell, the Host of Money Talks Truth Behind Bankruptcy Air date 04/03/12 To listen to the full hour interview – click here to see all episodes. Attorney Frank Coxwell joins the show to tell the truth behind bankruptcy. Does it ruin your credit and life or save…

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Will I Owe Taxes On My Debts After Filing Bankruptcy?

If you are a self-employed worker you will receive a 1099 for your wages instead of a W-2 form. But there is another type of 1099 that you may receive from one of your creditors. This is form 1099C.  A 1099C form is used when all or a portion of…

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Is Chapter 13 The Right Choice For You?

First of all, discuss your situation with a competent and knowledgeable bankruptcy attorney, preferably one who only represents consumers.  Do it before you do anything thing else, before you pay any creditors or relatives, before you give any property away, before you let the house go, before you take on…

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Lien Stripping – Getting Rid of 2nd Mortgages

There is a provision of the bankruptcy law that allows Mississippi homeowners to eliminate second mortgages.   Not widely known, this section of the bankruptcy code is becoming increasingly popular to bring the mortgage debt closer to the real value of the home. Bankruptcy law prevents a homeowner from getting rid…

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