NACBA
NACA - National Association of Consumer Advocates
American Bankruptcy Institute
MAJ - Mississippi Association for Justice
Max Gardner's Bankruptcy Boot Camp

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Voir Dire article Chap 13_Page_1Voir Dire article Chap 13_Page_2I had the privilege of being asked to write a couple of articles for the Mississippi Association for Justice Voir Dire Magazine’s Summer 2012 edition.  This is a regular publication of the MAJ and is devoted to presenting timely, informative, and practical information to its membership of attorneys.  I make the most of every opportunity to educate attorneys of all areas of practice on the fundamentals of bankruptcy. For this edition I focused on Chapter 13 and several of the areas where this financial tool can assist clients that many attorneys may not be aware of if bankruptcy is not their focus.  I also wrote an article on the morality of a bankruptcy.  Most people don’t realize that the idea for bankruptcy law was based on the Old Testament sabbatical and Jubilee years.  Our forefathers recognized the significance of forgiveness of debt and how cruel old world practices were of having debtor prisons, etc.  No one comes to me for a consultation on bankruptcy with a desire to “get out of” paying a debt.  They have experienced a tragedy (illness, job loss, pay cut, etc) that has crippled their ability to provide for their self and their families and need assistance to make a fresh start.

If you have questions about bankruptcy and have not been able to fully find the answers posted, please contact me.  I’ll be happy to provide those answers to you and it would also help me to know what additional information I can post that would be helpful to people researching bankruptcy related issues.

Click here to read : Chapter 13 – The Financial Super Tool

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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.

If you get sued or served with papers trying to collect a debt there are several things you can do.

1) Ignore everything and hope it goes away.

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Most individuals will qualify to file for Chapter 7 regardless of the amount of debt.  However, income must also be considered when filing for Chapter 7 bankruptcy.  For example, if disposable income is sufficient to fund a Chapter 13 repayment plan — which is determined by your attorney completing what is called a “Means Test” which subtracts certain allowed expenses and monthly payments for certain debts from your gross income — you will not be allowed to use Chapter 7 bankruptcy but rather qualify for a Chapter 13 bankruptcy.

This is an area where it is important to consult with an experienced bankruptcy attorney. Your attorney will review your situation in depth through the “Means Test” process and advise you accordingly based upon the results.

So to sum it all up – an individual, a partnership, a corporation or other business entity may qualify to file for Chapter 7 so long as:

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student loan debtYes 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 debt for a 3-5 yr period.  In a Chapter 13 bankruptcy, you can decide how much you can afford to pay monthly towards this debt rather than being at the mercy of possible garnishment, seizure of your tax refund, and bank account funds.  If you are facing hardship due to student loan debt, consult an experienced bankruptcy attorney to fully understand all options and strategies available to you as soon as possible.  You may not need to take action immediately, but you need to know what options are available so that you can take action quickly if and when it is needed.

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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 a New York bankruptcy case called Brunner vs New York Higher Education Services Corp., sets out a 3 part road map for discharging student loans in Chapter 7 bankruptcy.  

  1. You must prove that you cannot maintain, based upon current income and expenses, a minimal standard of living for yourself and your dependents if forced to repay the loan.
  2. Additional circumstances must exist indicating that the state of affairs is likely to persist for a significant portion of the repayment period; and
  3. You must have made a good faith effort at repayment.

The definition of student loans now includes private student loans as well as the federally-guaranteed ones and most bankruptcy courts take a hard line on this test, making it extremely difficult to discharge a student loan in bankruptcy, but, in rare cases, possible.    

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dollarsPayday loans are also referred to as cash advance loans, delayed deposit loans and deferred presentment loans.  In a payday loan, a borrower writes a check to a lender in exchange for a short-term cash loan.  The lender does not cash the check until the borrower’s next payday, up to 30 days.

The lender will require you to sign an agreement disclosing the amount of money you have requested, the Annual Percentage Rate (APR) as well as other related information.  The lender will also require you to give them a personal check with an amount that reflects the loan plus the fee.  The agreement may authorize the lender to automatically withdraw the funds from your bank account.  You may redeem the check on or before the due date, which can be up to 30 days, if not, your check may be deposited or the loan amount will be automatically withdrawn from your account on the due date.

Warning:  You are responsible for evaluating whether a payday loan is right for you. Payday loans are not intended to meet your long-term financial needs.  The long-term use of payday loans may cause severe financial hardship.

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We vowed we would repeat our win in 2012 and (drum roll please) – we did!!! Our race team had a great time – some ran, some walked, but all made it to the finish! We hope you enjoy the pictures below.  We continue to challenge all our fellow Jacksonian lawyers to join us as we pink it up in 2013.  We have our theme already!        Will we 3-peat in 2013? Stay tuned…!

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This year I have the priviledge of participating in Millsaps College Continued Education program – 2012 Spring Enrichment Series that is open to the public.  I will be hosting two sessions under the section “Money & Business”.  Click here to register

“Who Owns your Home? Mortgage Securitization in Mississippi” will be a 2 class session

April 5 & April 12 from 6:00pm – 8:00pm. Millsaps Tuition Cost: $40.00 per person.

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1675 Lakeland Dr #102
Jackson, MS 39216
Phone: (601) 948-4450
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