Understanding the Undue Hardship Standard in the Bankruptcy Process of Discharging Student Loans
To discharge student loans through bankruptcy in the U.S., debtors must meet the stringent undue hardship standard. This standard, established by the Brunner test in 1987, requires debtors to prove three criteria…
AMA #1: Pro Se debtors
Pro se cases are when a person files a bankruptcy petition without being represented by a lawyer. I recognize that not everyone has income, but going pro se comes with serious risk. In those cases, it’s useful to reach out to either the Moderate Means Program or the Volunteer Lawyers Program at the Spokane County Bar Association. The waits are long, and you may only get advice about filing, but it’s better than going it alone.
How does filing a Chapter 7 Bankruptcy petition affect an existing subrogated claim against the debtor?
In this post I will discuss how a subrogated claim is treated in a Chapter 7 Bankruptcy. First, we’ll discuss what a subrogated claim is. Later on we’ll discuss how it matters to the cost of a bankruptcy in Spokane or elsewhere in Eastern Washington. Remember, this post does not contain legal advice.
How does Chapter 13 Bankruptcy affect your auto loan payment?
In this post, I’ll explain the Till rate and examine how creditors might seek to avoid a cramdown.
What happens to a car’s negative equity in bankruptcy?
[Y]ou might have asked yourself what happens if you’re ‘upside down’ on your car note (i.e. the car is worth less than you owe) when you file for bankruptcy?
How do I protect my home in a bankruptcy?
TLDR: The Homestead Exemption applies to filers who own a home in Washington state and who wishes to protect their home equity. Notice that the thing being exempted is the equity and not the home itself. The reason for this has to do with public policy favoring the average homeowner. Spokane Bankruptcy lawyer John Spalding walks you through how the homestead exemption works, and how it could save your home.
Washington State Bankruptcy Exemptions in 2023
This is an important blog post to read for anyone worried about their assets being seized in a Chapter 7 bankruptcy filing. First, Governor Inslee signed the Fair Shot Act into law. This law beefs up the exemption amounts of Washington state residents [note: you must have been domiciled in Washington for the two years prior to the filing of your case]. Second, please read this post and make a note of what’s relevant to your situation. If you have any questions or concerns, definitely reach out to me for a free consultation.
