Whataboutism Versus Counterclaims in Litigation
Whataboutism is an attempt to distract from an opponent’s attack by charging them with hypocrisy. Whataboutists try to deflect an adversary’s charge without actually disproving it. Whataboutism (and its counterpart bothsidesism) is much in the news lately in the context of our partisan national politics. But the strategy is older than logic itself. The Latin […]
Small Business Bankruptcy Just Got Easier
The Small Business Reorganization Act of 2019 took effect on August 23, 2019. The new law eases requirements for small business bankruptcy in several ways. Now a trustee will be assigned to each case Now a standing trustee will oversee each case, assisting in the reorganization process and monitoring the business’s compliance with the Bankruptcy Code. The […]
Non-Qualified Student Loans Can Be Discharged in Bankruptcy
You can discharge your non-qualified student loans in bankruptcy. Most student loans are “qualified” student loans and cannot be discharged in bankruptcy. But not so for non-qualified student loans. What are non-qualified student loans? Student loans are generally excepted from the bankruptcy discharge in 11 U.S.C. 523(a)(8). That section of the Bankruptcy Code prevents discharge […]
Interviewing for a Job with Foreclosure on Your Credit Report
Most employers today run a credit check before they hire. But not every employer cares enough about your credit history to analyze it thoroughly. If you have a foreclosure on your credit report, preparing for an interview should include understanding how to address the issue if it comes up. You will know if a potential […]
When Filing a Chapter 13 Bankruptcy, Timing Matters
Timing matters in Chapter 13 bankruptcy. Just as important as knowing whether to file is knowing when to file. Issues surrounding the timing of the filing of a Chapter 13 bankruptcy can cause your case to be dismissed. When you must file quickly You must file your bankruptcy prior to a foreclosure auction or you […]
The Robocalls Must Stop
Illegal scam robocalls comprised roughly a quarter of the 26 billion robocalls placed to U.S. mobile numbers in 2018. Unwanted solicitations, get-rich-quick schemes, health insurance rackets, car warranty extension offers, timeshare spam, technical support shakedowns, and IRS and Social Security scams. These often sophisticated robo-hustlers prey on the vulnerable and annoy the rest of us. […]
Should I Short Sale My Property?
A short sale is when your mortgage company agrees to allow you to sell your property for less than the amount owed on the mortgage. If your property is underwater then a short sale is one of your options. How do short sales work? Short sales start the same way as any other home sale: […]
Use the NDC to Track Your Chapter 13 Bankruptcy
The National Data Center (or “NDC”) is a comprehensive data source for Chapter 13 bankruptcy cases and claims. Access is free to bankruptcy debtors. If you have filed a Chapter 13 in Maryland or Washington, DC, create an account at the NDC website. Once you have an account, you can track your Chapter 13 bankruptcy. […]
Debt in Collection on Your Credit Report
The debt collection industry makes several billion dollars annually. From Q4 2009 through Q2 2015, no fewer than 33 percent had a debt collection item on their credit reports. Today, 28 percent of Americans have negative collection debts weighing down their credit scores. If you have a debt in collection on your credit report, you’re […]