Congress may extend bankruptcy relief to private student loans

Source: http://www.creditandcollectionnews.com/viewer.php?url=http%3A%2F%2Fwww.lohud.com%2Farticle%2F20100506%2FNEWS01%2F5060372%2F1018%2FNEWS02%2FCongress-may-extend-bankruptcy-relief-to-private-student-loans

College graduates overwhelmed by private student loans could see bankruptcy relief if proposed legislation makes its way through Capitol Hill. Supporters of the Private Student Loan Bankruptcy Fairness Act of 2010 argue that private borrowers lack important consumer protections that come with federal loans — such as deferment plans and income-based repayment options. Under legislation enacted in 2007, borrowers who work in public service jobs for at least 10 years can qualify to have the balance of their student loans forgiven. Also, private loans typically carry variable interest rates that are higher for those who can least afford them, supporters say.  “Struggling borrowers have virtually no way to make private loan debt more manageable because lenders can simply refuse to negotiate affordable terms,” said Lauren Asher, president of the Institute for College Access and Success, which runs the Project on Student Debt.  Still, private student loans are growing more rapidly than federal student loans, and if trends Read More »

LINEBARGER SUED FOR CHARGING DELINQUENT TAXPAYERS OVER 10% OF Attorney Fees

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ANDY MEEK | The Daily News

A new class action lawsuit has been filed over the practices of a Texas law firm that’s been under fire for years over the way it collects delinquent taxes from Memphis taxpayers.

Two local attorneys filed the suit against Linebarger, Goggan, Blair & Sampson LLP, which won a no-bid contract in 2004 from former Memphis Mayor Willie Herenton. Attorneys Frank Watson and Don Donati filed the suit Thursday in U.S. District Court for the Western District of Tennessee.

Last month, two other local attorneys filed a class action suit against the city in Shelby County Chancery Court over the same issues. And the claims in both actions are roughly the same.

Shelby County government collects its current and delinquent taxes in-house. The city of Memphis treasurer’s office collects current taxes, while Linebarger picks up the city’s delinquent taxes.

After winning its contract in 2004, Linebarger hired local lawyers, including a former employee in the city of Memphis attorney’s office who previously did the same job for the city.

Linebarger makes its money from the Memphis contract by collecting fees on top of the delinquent taxes it collects.

The firm has had a few PR black marks to contend with. It has been widely reported that one of the firm’s partners pleaded guilty six years ago to being part of a bribery scheme to win a San Antonio city contract for Linebarger to collect certain fees on behalf of the city.

Both local federal suits allege Linebarger is piling fees, penalties and other costs onto tardy taxpayers, although the suits claim taxpayers are only supposed to be charged, at most, a 10 percent attorney fee.

The new suit against Linebarger asks for damages that include compensatory damages for class members and punitive damages.

Reorganization & Consolidation Under Chapter 13 by J. Brian Allen North East Texas Bankruptcy Lawyer

A Chapter 13 is reorganization.  The debtor, the individual or husband and wife filing the bankruptcy, maintain(s) possession of their exempt and non-exempt and pay(s) to the Chapter 13 trustee their disposable income for a period of at least 36 months and up to 60 months. In most cases, disposable income is the difference between monthly gross income and monthly household expenses.  A debtor or debtors who are self-employed or own and operate a business also deduct their monthly business expenses from gross receipts and income.

A Chapter 13 Plan can pay back taxes owed to the IRS, past due mortgage payments on homes and businesses and property taxes, for example.  In Chapter 13, the trustee does not sell the debtor’s non-exempt property. Instead, an individual or husband and wife keeps their non-exempt property and pays the value of their non-exempt property as part of their Chapter 13 Plan payment, to the Chapter 13 Trustee who disburses a pro rata payment to the individual or husband and wife’s unsecured creditors.

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North East Texas Bankruptcy Lawyer Explains Chapter 7 Bankruptcy

A “Fresh Start” bankruptcy is available in Chapter 7.

Chapter 7 is designed for individuals who are called debtors who do not have sufficient income or property to pay their debts along with ordinary household or business expenses.

Under Chapter 7, individuals domiciled in Texas may choose Texas or Federal exemptions. The exemption laws exist so insolvency doesn’t mean an individual loses his or her home, car or truck, house furnishings, clothing, retirement and other listed personal belongings. You are required to pay for exempt property, and in most cases, you keep what you pay for. There are exceptions to every rule, I would be happy to discuss your case with you in person. A typical Chapter 7 Fresh Start Bankruptcy is a “no asset case.” This means the individual or joint, if husband and wife, do not hold or possess any non-exempt property that the Chapter 7 Trustee will sell to pay the individual or joint debtors’ debts.  A Chapter 13 Reorganization Bankruptcy should be considered if an individual or husband and wife have non exempt assets.  In Chapter 13, debtors are allowed to keep non exempt property and pay their unsecured creditors the value of their non exempt property.

A Fresh Start Bankruptcy Discharge takes 3-4 months after the individual or joint debtors’ case is filed. A Discharge of the debtor’s debt means the legal obligation of the debtor is wiped out or eliminated. A creditor or entity who the debtor owes cannot legally require a debtor to satisfy a debt that has been discharged in a Chapter 7 Bankruptcy. Types of debts that are discharged can include: credit cards, medical bills, unsecured loans, payday loans, collection agency, overdrafts, and deficiency claims after repossession and the sale of an individual or joint debtors’ car, truck or home.

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North East Texas Chapter 13 Bankruptcy Debt Relief Attorney J. Brian Allen Opens New Office In Sulphur Springs


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