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Posts Tagged ‘Bankruptcy’

If you are an American citizen, you must have been taught how to look for helps when you are in danger. One of the ways is by calling 911 for any kind of problems that suffocate you. However, if you have debt problems, you have to find debt settlement lawyers to set you free from your suffocating debts. There have been a lot of people get mental treatments in psychiatry departments because they are so depressed to think of their debts. Accordingly, if you have the same problem, you cannot let yourself down but you do nothing to solve it.

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Bankruptcy cases can be a difficult to handle, because of the range of legal issues involved. Bartlett Law Firm assists both creditor and debtors in Orlando bankruptcy cases. The firm is based in Orlando, Florida.

The lawyers at the firm file bankruptcy petitions in Orlando and throughout Florida on a weekly basis, and the petitions are filed only after ensuring that these conform to the requirements of the court. The firm has expertise in handling Chapter 7, Chapter 13, and even complicated Chapter 11 bankruptcy cases. The attorneys of the firm will fight in court on behalf of their clients, and even go to trial. The firm has handled several complicated bankruptcy matters.

With personalized solutions for each client, the law firm offers reasonable prices for services in Orlando and throughout the state of Florida. When clients get services from this law firm they can rest assured that they are getting the best value for their money.

The firm offers an initial thirty minute consultation for free, and anyone needing a bankruptcy, business, criminal, family, or personal injury lawyer can contact the firm for an appointment. With focus on personal assistance in these cases, the firm aims to give their clients the best experience possible. The attorneys at Bartlett Law Firm are not only skilled in Orlando bankruptcy cases, but they also offer counseling in several other legal areas including: business law, criminal law, family law, and personal injury. Find out more about the complete range of services provided by Bartlett Law Firm by browsing through www.pdbartlettlaw.com.    OFFICES: Orlando.  LICENSED: State of Florida.

Supreme Court Case doesn’t Open the Floodgates to Discharging Student Loans in Bankruptcy.

The United States Supreme Court affirmed a lower court ruling that discharged Francisco J. Espinosa’s student loans in bankruptcy. The ruling was initially haled as a victory for borrowers and debtors. However, a closer look at the narrow ruling by the High Court establishes that debtors must establish that a student loan constitutes an undue hardship to discharge student loans through bankruptcy.

Mr. Espinosa had taken out four student loans to attend trade school. Four years later, he filed for Chapter 13 bankruptcy, and offered a repayment plan to the court, proposing that he repay the principal over five years, without interest. The bankruptcy judge approved his proposed repayment plan. The lender received notice of the proposed plan, but failed to file an objection. The court approved the plan. The lender failed to appeal from the court’s order within the time permitted by law. Mr. Espinosa repaid the principal on the loan pursuant to the repayment plan approved by the court, and the court discharged the outstanding interest. Years later, the lender attempted to reopen the bankruptcy court case and set aside the discharge of the interest.

On appeal, the lender argued that the bankruptcy court judge did not make a finding that the student loans constituted an undue hardship for Mr. Espinosa, as required by the Bankruptcy Code. In considering the case, Justice Clarence Thomas, writing for the Supreme Court specifically noted that the bankruptcy judge had erred in failing to make the required finding of undue hardship. However, because the lender had failed to timely object, and failed to file the proper appeal, the case had grown stale. “The bankruptcy court’s failure to find undue hardship before confirming Espinosa’s plan was a legal error,” Justice Thomas wrote in the majority opinion. “But the order remains enforceable and binding on United because United had notice of the error and failed to object or timely appeal.”

Noting that the Supreme Court specifically found that the bankruptcy judge had committed legal error probably precludes or severely limits the precedential value of the Espinosa case. In this case, the discharge came about because the lender slept on its right to object and timely appeal. If similarly situated lenders did not already have good reason to be vigilant for debtors seeking to discharge some or all of their student loan obligations in bankruptcy, they certainly will after the Espinosa decision.

Rather than being a great victory for debtors and borrowers, the Espinosa case actually reaffirmed that the Bankruptcy Code requires judges to make a determination of undue hardship. Failure to do so would constitute reversible error in other cases under different circumstances. Consequently, the Supreme Court’s decision does not open the floodgates to student loan discharges.

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