One of the things that comes up in protecting money in a bank account from creditors, is the concept of first in first out. It's a concept that is seemingly difficult, yet also quite simple. The first money that goes in, is the first money that goes out. But you don't...
The MN attorney general just announced that it will be issuing $38 million in relief for students who attended the MN School of Business and Globe University, which are for-profit schools that are no longer doing business. More information, including how to apply for...
Hennepin County and the City of Minneapolis just announced that they will set aside $4.3 million, up to $35,000 per homeowner, to help make mortgage payments that were missed due to pandemic. Applicants will first need to apply for other loss mitigation options, for...
Yesterday Senator Richard Durbin (D-IL) and Senator John Cornyn (R-IL) introduced “Fresh Start Through Bankruptcy Act”, bipartisan legislation, that will restore the ability to discharge student loans in bankruptcy. This is the first bipartisan effort in the U.S....
In bankruptcy, student loans are not dischargeable unless the borrower initiates and can prevail on a separate lawsuit to determine that it would be an undue hardship to pay it back. Courts have interpreted this to be a relatively high standard, virtually impossible...
Foreclosure rates have continued to dwindle since they peaked in 2010. A recent article talked about reasons why there is not likely to be anywhere near the surge that we had experienced during the last recession. There are a few additional reasons that I have...
The court system considers a divorce to be a lawsuit, that ultimately gets decided by a judge after a trial, if the parties cannot come to an agreement. However, over 95% of divorce cases are settled before trial. Here is an outline of the basic steps that occur in a...
On Saturday, March 27, 2021 President Biden signed the COVID-19 Bankruptcy Relief Extension Act of 2021 into law. This bill extends for one year all of the bankruptcy-related provisions that were included in the CARES Act passed on March 27, 2020. These provisions...
The Department of Justice recently did its semiannual adjustments of the median income figures, which are effective in bankruptcy cases filed after April 1, 2021. The median income is an important figure, as debtors below that figure are almost always assured a...
The short answer is yes, the new federal stimulus is almost certainly protected from creditors outside of bankruptcy, or inside of bankruptcy. The reason I can only say “almost” certainly, has to do with a more complicated analysis of federal law versus state law, the...