Wednesday, October 21, 2009
Got Debt? The Consequences of Ignoring your Debts
Monday, July 20, 2009
Medical Bills Got You Overwhelmed? - Pensacola & Fort Walton Medical Bankruptcy
Famed songwriter Bruce Springsteen complained in his song Atlantic City, “I got debts that no honest man can pay.” For many honest people debt can come suddenly through no fault
of your own.
A recent report in the American Journal of Medicine states that medical bills contributed to more than 60 percent of U.S. personal bankruptcies. This study conducted by a team from Harvard Law School, Harvard Medical School and Ohio University found that more than 75 percent of these bankrupt filers had some form of health insurance and were "solidly middle class” - two-thirds were homeowners and three-fifths had gone to college. In many cases unemployment issues also accompanied the medical expenses. For some, that inability to work also meant the loss of employer-based health insurance.
Even families that were considered “well-insured” had to cope with high deductibles and uncovered expenses. Medical expenses for families with private insurance averaged $17,749, compared to $26,971 in medical debt for those uninsured, and $22,568 for those who initially had insurance coverage, but lost it at some point after the illness.
"Our findings are frightening. Unless you're Warren Buffett, your family is just one serious illness away from bankruptcy," said lead author Dr. David Himmelstein, an associate professor of medicine at Harvard Medical School.
Medical expenses can easily spiral out of control and result in lawsuits, wage garnishments,and property attachment and seizure. Compounding the problem are many fallacies and half-truths being passed around, like: “The hospital can’t sue if you pay them $10 per month.” or “I’m liable for my spouse’s medical bills.” If you are facing medical bills that you cannot pay, consult an attorney and investigate your legal rights. Only an attorney can explain your legal rights and help you navigate a path to recovery.
You can read the free full article from the American Journal of Medicine at
http://www.amjmed.com/webfiles/images/journals/ajm/AJMMedicalBankruptcyJun09FIN
AL2.pdf
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 Lawyer – Attorney Erich M. Niederlehner Chapter 7 &13, Affordable Debt Relief & Bill Consolidation in Alabama and Florida.
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
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 Lawyer – Attorney Erich M. Niederlehner Chapter 7 &13, Affordable Debt Relief & Bill Consolidation in Alabama and Florida.
Friday, September 5, 2008
Bankruptcy Attorneys Allowed to Advise Clients to Aquire New Debt Prior to Filing Bankruptcy
Reuters reported today that the U.S. Court of Appeals for the Eighth Circuit in St. Louis declared unconstitutional a section of the U.S. bankruptcy code that prohibits attorneys from advising their clients on taking on more debt prior to filing bankruptcy. The 2005 Bankruptcy Reform, made it illegal for a bankruptcy attorney to advise a client to refinance their home or buy a new vehicle prior to filing bankruptcy. Sometimes taking on more debt is a good thing, but prior to this ruling a bankruptcy attorney could not fully inform an individual seeking guidance and advice on filing bankruptcy.
http://www.reuters.com/article/marketsNews/idUSN0547717420080905
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 Lawyer – Attorney Erich M. Niederlehner Chapter 7 &13, Affordable Debt Relief & Bill Consolidation in Alabama and Florida.
Sunday, February 3, 2008
Foreclosures at 20% puts Florida second in the Nation

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 Lawyer – Attorney Erich M. Niederlehner Chapter 7 &13, Affordable Debt Relief & Bill Consolidation in Alabama and Florida.
Saturday, February 2, 2008
Who am I? Erich M. Niederlehner, Bankruptcy Lawyer in Pensacola, Florida

Thank you for looking at my profile. I am a Bankruptcy Attorney and have offices in Mobile, Pensacola & Fort Walton Beach. I help relieve the financial problems of hard working Americans, by helping them discharge their debt in Bankruptcy. Most people file Bankruptcy because they lost their job, had a major medical problem not covered by insurance or have recently been divorce. For the most part, this is a very hard decision and is not something that people do easily. For many, once they finally make the decision to file they have already paid back what they originally borrowed. With the Bankruptcy Reform in 2005, it made filing for Bankruptcy a mind numbing complex task, I would encourage you to seek the advice of an attorney who handles many Bankruptcies and is knowledgeable on the subject. I offer a free consultation and payments. My fees start at $675.00 for Bankruptcy plus filing fees and costs. My office is located at 113 N. Palafox Street, Pensacola, Florida 32502 and my office number 850-607-2222. Please call my office today to setup a free consultation. With the Bankruptcy Reform of 2005 my office was designated as a Debt Relief Agency. I help people file for Bankruptcy under the Bankruptcy Code.
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.
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