Tuesday, March 31, 2009

Discharging Student Loan Debt in Bankruptcy


Can student loans be included in your bankruptcy? Yes, everyone you owe must be included in your bankruptcy. The real question is can student loans be discharged in a bankruptcy? The answer is probably not, but maybe. For cases filed after October 7, 1998, Student Loans are dischargeable only if you can prove that having to repay it would impose an "undue hardship" on you .
Cases filed prior to October 17, 2005, if the program under which your student loan is issued, insured, administered is a for-profit, private (non-government) entity, it may be dischargeable. However, if the program itself receives nonprofit funding by participation of nonprofit entities, the loan is not dischargeable in bankruptcy.

Student and educational loans can only be discharged in bankruptcy if the following can be proven at trial.

To obtain a discharge based on undue hardship you must prove all of the following:

1. That you cannot maintain, based on current income and expenses, a 'minimal' standard of living for yourself and your dependents if forced to repay the loans;

2. That additional circumstances exist indicating that this state of financial affairs is likely to persist for a significant portion of the repayment period of the student loans; and,

3. That you made good faith effort to repay the loans.

This does not just include making payments on the loans. It requires doing things over time such as making efforts to increase your income (which includes going back to school to get additional degrees or experience), consolidating loans with the Direct Loan Servicing Center, and other similar efforts.

Courts do have the authority to issue partial discharges of student loans, in cases where the debtor shows the ability to repay some, but not all, of the loans. All three of the above factors must be still be met not matter if it is partial or complete discharge of the student loan debt. It is very difficult to prove all the necessary elements for the student loan hardship discharge and thus it is very rare to discharge student loan debt.

For other alternatives to dealing with Student Loans, including income contingent repayment plans, and non-bankruptcy methods of canceling the debt, see http://studentaid.ed.gov/PORTALSWebApp/students/english/discharges.jsp?tab=repaying#content

Bankruptcy Attorney Erich M. Niederlehner, of Mobile, Alabama, Pensacola Florida & Fort Walton Beach, Florida provides qualitiy legal Bankruptcy services to the citizens of Escambia County Florida, Santa Rosa County Florida, Okaloosa County Florida, Walton County Florida, Mobile County Alabama, Baldwin County Alabama which includes but is not limited to the following cities:
Pensacola|Gulf Breeze|Milton|Pace|Midway|Pensacola Beach|Navarre|Navarre Beach|Jay|Century|Central|Cantonment|Crestview|Fort Walton|Destin|Niceville|Fort Walton Beach|Freeport|Mobile|Spanish Fort|Fairhope|Foley|Daphane|Silverhill|Grand Pointe|Gulf Shores|Orange Beach|Loxley|Elberta|
113 N. Palafox Street, Pensacola, Florida 32502 - Main Office
16 Ferry Road, S.E., Fort Walton Beach, Florida 32548 | 401 Church Street, Mobile, Alabama 36602

Toll Free: 877-607-2228
Pensacola: 850-607-2222
Alabama and Florida Bankruptcy Attorneys offer Affordable Bankruptcy, Debt Relief & Debt Consolidation in Alabama and Florida. Bankruptcy Attorneys provide Low Cost Bankruptcy & Discount Rates on Bankruptcy Attorney Fees serving Mobile, Alabama, Pensacola Florida & Fort Walton Beach, Florida.
Alabama and Florida Bankruptcy Lawyer – Attorney Erich M. Niederlehner Chapter 7 &13, Affordable Debt Relief & Bill Consolidation in Alabama and Florida.

Sunday, March 29, 2009

Tax Time - Discharging Taxes in Bankruptcy


Well, since it is tax time I thought a timely topic to talk about would be discharging taxes in a Bankruptcy. Certain types of tax obligations, such as income taxes, may be discharged under specific circumstances. Many required factors must be met before any tax can be discharged under Chapter 7 or Chapter 13. In Chapter 7, the minimum requirements for discharging federal or state income taxes are:

(1) It has been over 3 years since the returns were last DUE (including extensions),
(2) The returns were timely filed or it has been at least 2 years since the returns were filed,
(3) There was no fraud involved or attempts to evade the tax, AND,
(4) The taxes were not assessed within the last 240 days.

Again, discharging taxes is an extremely complicated area, and you should definitely consult with an attorney before deciding whether to file based on dischargeability of your taxes.

Tax Liens that have attached to property will survive a bankruptcy. What does that mean? It means that the lien will stay against your property regardless of your discharge of the underlying debt. So, when you ultimately sell that property, if there is extra money available, the lien will be paid first from those proceeds unless you have the lien removed.

Bankruptcy Attorney Erich M. Niederlehner, of Mobile, Alabama, Pensacola Florida & Fort Walton Beach, Florida provides qualitiy legal Bankruptcy services to the citizens of Escambia County Florida, Santa Rosa County Florida, Okaloosa County Florida, Walton County Florida, Mobile County Alabama, Baldwin County Alabama which includes but is not limited to the following cities:
Pensacola|Gulf Breeze|Milton|Pace|Midway|Pensacola Beach|Navarre|Navarre Beach|Jay|Century|Central|Cantonment|Crestview|Fort Walton|Destin|Niceville|Fort Walton Beach|Freeport|Mobile|Spanish Fort|Fairhope|Foley|Daphane|Silverhill|Grand Pointe|Gulf Shores|Orange Beach|Loxley|Elberta|
113 N. Palafox Street, Pensacola, Florida 32502 - Main Office
16 Ferry Road, S.E., Fort Walton Beach, Florida 32548 | 401 Church Street, Mobile, Alabama 36602

Toll Free: 877-607-2228
Pensacola: 850-607-2222
Alabama and Florida Bankruptcy Attorneys offer Affordable Bankruptcy, Debt Relief & Debt Consolidation in Alabama and Florida. Bankruptcy Attorneys provide Low Cost Bankruptcy & Discount Rates on Bankruptcy Attorney Fees serving Mobile, Alabama, Pensacola Florida & Fort Walton Beach, Florida.
Alabama and Florida Bankruptcy Lawyer – Attorney Erich M. Niederlehner Chapter 7 &13, Affordable Debt Relief & Bill Consolidation in Alabama and Florida.

Friday, March 20, 2009

Should I File For Bankruptcy - Mobile, Pensacola & Ft. Walton Beach Bankruptcy Lawyer Explains Chapter 7 Bankruptcy

www.ShouldIFileForBankruptcy.com


Bankruptcy Attorney Erich M. Niederlehner, of Mobile, Alabama, Pensacola Florida & Fort Walton Beach, Florida provides qualitiy legal Bankruptcy services to the citizens of Escambia County Florida, Santa Rosa County Florida, Okaloosa County Florida, Walton County Florida, Mobile County Alabama, Baldwin County Alabama which includes but is not limited to the following cities:
Pensacola|Gulf Breeze|Milton|Pace|Midway|Pensacola Beach|Navarre|Navarre Beach|Jay|Century|Central|Cantonment|Crestview|Fort Walton|Destin|Niceville|Fort Walton Beach|Freeport|Mobile|Spanish Fort|Fairhope|Foley|Daphane|Silverhill|Grand Pointe|Gulf Shores|Orange Beach|Loxley|Elberta|
113 N. Palafox Street, Pensacola, Florida 32502 - Main Office
16 Ferry Road, S.E., Fort Walton Beach, Florida 32548 | 401 Church Street, Mobile, Alabama 36602

Toll Free: 877-607-2228
Pensacola: 850-607-2222
Alabama and Florida Bankruptcy Attorneys offer Affordable Bankruptcy, Debt Relief & Debt Consolidation in Alabama and Florida. Bankruptcy Attorneys provide Low Cost Bankruptcy & Discount Rates on Bankruptcy Attorney Fees serving Mobile, Alabama, Pensacola Florida & Fort Walton Beach, Florida.
Alabama and Florida Bankruptcy Lawyer – Attorney Erich M. Niederlehner Chapter 7 &13, Affordable Debt Relief & Bill Consolidation in Alabama and Florida.

Sunday, March 15, 2009

Help Get Senate Bill 61 Passed - Call Your U.S. Senator Today

This foreclosure solution costs taxpayers NOTHING.

Over 6,600 American families a day are losing their homes to foreclosure.
In the next five years, over 8,000,000 American family homes
will be lost to foreclosure, unless we do something now.
If we don’t, the value of all of our homes will keep going down and our neighborhoods will suffer.

DON’T LET THE BANKS BLOCK
THIS NO-COST ACTION TO
SAVE FAMILY HOMES AND OUR COMMUNITIES
AND HELP RESTORE OUR NATION’S ECONOMY

Our Senators have the opportunity to pass legislation that would allow courts
to change bad mortgages so struggling homeowners can save their homes from foreclosure. The result? Fewer foreclosures and more stable home prices for all of us.

Tell your Senators to support Senate Bill 61 - the
Helping Families Save Their Homes in Bankruptcy Act of 2009
Reduce home foreclosures at no cost to taxpayers.

Call your United States Senators toll free: 877.354.4958
Or email them at: www.nacba.org/TellCongress

The mortgage modification proposal has been endorsed by leading economists, 22 state Attorneys General, state and local elected officials, newspaper editorial boards from around the country and nearly 100 leading national organizations representing seniors, consumers, religious affiliations, financial professionals, working families, and civil rights and housing groups.

Paid for by the National Association of Consumer Bankruptcy Attorneys, Inc., a nationwide organization dedicated to protecting the rights of honest, hard-working, financially distressed Americans. Go to www.nacba.org/S61 for more information about the bill and how you can help get it passed.

Bankruptcy Attorney Erich M. Niederlehner, of Mobile, Alabama, Pensacola Florida & Fort Walton Beach, Florida provides qualitiy legal Bankruptcy services to the citizens of Escambia County Florida, Santa Rosa County Florida, Okaloosa County Florida, Walton County Florida, Mobile County Alabama, Baldwin County Alabama which includes but is not limited to the following cities:
Pensacola|Gulf Breeze|Milton|Pace|Midway|Pensacola Beach|Navarre|Navarre Beach|Jay|Century|Central|Cantonment|Crestview|Fort Walton|Destin|Niceville|Fort Walton Beach|Freeport|Mobile|Spanish Fort|Fairhope|Foley|Daphane|Silverhill|Grand Pointe|Gulf Shores|Orange Beach|Loxley|Elberta|
113 N. Palafox Street, Pensacola, Florida 32502 - Main Office
16 Ferry Road, S.E., Fort Walton Beach, Florida 32548 | 401 Church Street, Mobile, Alabama 36602

Toll Free: 877-607-2228
Pensacola: 850-607-2222
Alabama and Florida Bankruptcy Attorneys offer Affordable Bankruptcy, Debt Relief & Debt Consolidation in Alabama and Florida. Bankruptcy Attorneys provide Low Cost Bankruptcy & Discount Rates on Bankruptcy Attorney Fees serving Mobile, Alabama, Pensacola Florida & Fort Walton Beach, Florida.
Alabama and Florida Bankruptcy Lawyer – Attorney Erich M. Niederlehner Chapter 7 &13, Affordable Debt Relief & Bill Consolidation in Alabama and Florida.

Sunday, March 8, 2009

Should you file for bankruptcy? Pensacola, Gulf Breeze, Milton, Navarre, Fort Walton Beach, Pace


SHOULD YOU FILE FOR BANKRUPTCY? ANSWER OUR 15 QUESTION TEST TO SEE IF BANKRUPTCY MAY HELP YOUR SITUATION - CLICK HERE





Bankruptcy Attorney Erich M. Niederlehner, of Mobile, Alabama, Pensacola Florida & Fort Walton Beach, Florida provides qualitiy legal Bankruptcy services to the citizens of Escambia County Florida, Santa Rosa County Florida, Okaloosa County Florida, Walton County Florida, Mobile County Alabama, Baldwin County Alabama which includes but is not limited to the following cities:
Pensacola|Gulf Breeze|Milton|Pace|Midway|Pensacola Beach|Navarre|Navarre Beach|Jay|Century|Central|Cantonment|Crestview|Fort Walton|Destin|Niceville|Fort Walton Beach|Freeport|Mobile|Spanish Fort|Fairhope|Foley|Daphane|Silverhill|Grand Pointe|Gulf Shores|Orange Beach|Loxley|Elberta|
113 N. Palafox Street, Pensacola, Florida 32502 - Main Office
16 Ferry Road, S.E., Fort Walton Beach, Florida 32548 | 401 Church Street, Mobile, Alabama 36602

Toll Free: 877-607-2228
Pensacola: 850-607-2222
Alabama and Florida Bankruptcy Attorneys offer Affordable Bankruptcy, Debt Relief & Debt Consolidation in Alabama and Florida. Bankruptcy Attorneys provide Low Cost Bankruptcy & Discount Rates on Bankruptcy Attorney Fees serving Mobile, Alabama, Pensacola Florida & Fort Walton Beach, Florida.
Alabama and Florida Bankruptcy Lawyer – Attorney Erich M. Niederlehner Chapter 7 &13, Affordable Debt Relief & Bill Consolidation in Alabama and Florida.

Saturday, March 7, 2009

New Fort Walton Beach, Florida Office location


The Law Office of Erich M. Niederlehner, PA, is proud to announce the opening of its new office in Fort Walton Beach, Florida. The location of the new office is 16 Ferry Road, S.E., Fort Walton Beach, Florida 32548. The new office is on the corner of Ferry Road, S.E. and Fourth Ave. The office is in the Appraisal House, which is directly behind Embarq telephone company off of Hollywood. Please call 850-607-2222 24 hours a day to setup a free consultation regarding Bankruptcy in either of our two current offices. Stay tuned for more locations which will be opening soon.

Bankruptcy Attorney Erich M. Niederlehner, of Mobile, Alabama, Pensacola Florida & Fort Walton Beach, Florida provides qualitiy legal Bankruptcy services to the citizens of Escambia County Florida, Santa Rosa County Florida, Okaloosa County Florida, Walton County Florida, Mobile County Alabama, Baldwin County Alabama which includes but is not limited to the following cities:
Pensacola|Gulf Breeze|Milton|Pace|Midway|Pensacola Beach|Navarre|Navarre Beach|Jay|Century|Central|Cantonment|Crestview|Fort Walton|Destin|Niceville|Fort Walton Beach|Freeport|Mobile|Spanish Fort|Fairhope|Foley|Daphane|Silverhill|Grand Pointe|Gulf Shores|Orange Beach|Loxley|Elberta|

113 N. Palafox Street, Pensacola, Florida 32502 - Main Office
16 Ferry Road, S.E., Fort Walton Beach, Florida 32548 | 401 Church Street, Mobile, Alabama 36602


Toll Free: 877-607-2228
Pensacola: 850-607-2222

Alabama and Florida Bankruptcy Attorneys offer Affordable Bankruptcy, Debt Relief & Debt Consolidation in Alabama and Florida. Bankruptcy Attorneys provide Low Cost Bankruptcy & Discount Rates on Bankruptcy Attorney Fees serving Mobile, Alabama, Pensacola Florida & Fort Walton Beach, Florida.
Alabama and Florida Bankruptcy Lawyer – Attorney Erich M. Niederlehner Chapter 7 &13, Affordable Debt Relief & Bill Consolidation in Alabama and Florida.

www.GotDebtMobile.com|www.GotDebtPensacola.com|www.GotDebtFortWalton.com|www.GotDebtAlabama.com|

www.GotDebtFlorida.com|www.GotDebtUSA.com|www.ShouldIFileForBankruptcy.com|

www.PensacolaBankruptcyAttorney.com|www.PensacolaBankruptcyLawyer.com|

Monday, March 2, 2009

New Blog Web Address and Updated Website

It has been a while since my last posting on the Got Debt? Blog. I have been so swamped with clients I have not had the chance to make any recent postings. I do intend to start posting information on a more regularly. I would like everyone to note the blog has a new address. Instead of www.GotDebtPensacola.blogspot.com the new address is www.GotDebtBlog.com. This new address is shorter and easier to remember.

Also, the website www.GotDebtPensacola.com has been updated with plenty of new information on Bankruptcy, Divorce and Estate Planning. So check it out if you are wanting more information on any of the subjects. As always the Pensacola Bankruptcy, Divorce and Estate Planning attorney Erich M. Niederlehner, provides legal services to the citizens of Pensacola and the surrounding areas of Florida. To schedule a free consultation to discuss your legal issues with Erich M. Niederlehner, please call 850-607-2222. The Law Office of Erich M. Niederlehner, PA, is located at 113 North Palafox Street, Pensacola, Florida 32502. Call us today for a free consultation.

Bankruptcy Attorney Erich M. Niederlehner, of Mobile, Alabama, Pensacola Florida & Fort Walton Beach, Florida provides qualitiy legal Bankruptcy services to the citizens of Escambia County Florida, Santa Rosa County Florida, Okaloosa County Florida, Walton County Florida, Mobile County Alabama, Baldwin County Alabama which includes but is not limited to the following cities:
Pensacola|Gulf Breeze|Milton|Pace|Midway|Pensacola Beach|Navarre|Navarre Beach|Jay|Century|Central|Cantonment|Crestview|Fort Walton|Destin|Niceville|Fort Walton Beach|Freeport|Mobile|Spanish Fort|Fairhope|Foley|Daphane|Silverhill|Grand Pointe|Gulf Shores|Orange Beach|Loxley|Elberta|

113 N. Palafox Street, Pensacola, Florida 32502 - Main Office
16 Ferry Road, S.E., Fort Walton Beach, Florida 32548 | 401 Church Street, Mobile, Alabama 36602


Toll Free: 877-607-2228
Pensacola: 850-607-2222

Alabama and Florida Bankruptcy Attorneys offer Affordable Bankruptcy, Debt Relief & Debt Consolidation in Alabama and Florida. Bankruptcy Attorneys provide Low Cost Bankruptcy & Discount Rates on Bankruptcy Attorney Fees serving Mobile, Alabama, Pensacola Florida & Fort Walton Beach, Florida.
Alabama and Florida Bankruptcy Lawyer – Attorney Erich M. Niederlehner Chapter 7 &13, Affordable Debt Relief & Bill Consolidation in Alabama and Florida.

www.GotDebtMobile.com|www.GotDebtPensacola.com|www.GotDebtFortWalton.com|www.GotDebtAlabama.com|

www.GotDebtFlorida.com|www.GotDebtUSA.com|www.ShouldIFileForBankruptcy.com|

www.PensacolaBankruptcyAttorney.com|www.PensacolaBankruptcyLawyer.com|