I had the pleasure of attending the Nebraska Association of Trial Attorneys seminar held at the Nebraska College of Law a week ago, and it got me thinking about how much trial attorneys need to understand about the bankruptcy process. In a nutshell, here are seven things every trial attorney should understand about bankruptcy.
1. Injury
The 8th Circuit Bankruptcy Appellate Panel denied Kathryn Nielen’s application to discharge her student loans, and the result, although discouraging in many respects, is not all that surprising. (Nielsen vs. ACS Inc, No. 13-6034, 8th BAP 2014) The debtor graduated high school in 1995 and went on to obtain an Associates of Science degree in
I recently met a client who first learned that she had been sued when she received a post card in the mail from the court indicating that a default judgment had been entered against her. Frequently I meet clients who first learn of a judgment when their paychecks or bank accounts become garnished. “How can
The 8th Circuit Court of Appeals has ruled that a homeowner has a private right of action to sue their mortgage lender when the bank fails to properly process the application. Topchain v JPMorgan Chase, No. 13-2128 (8th Cir. 2014). This is a significant case because the HAMP laws do not specifically
It costs a lot of money to go broke, literally. Chapter 7 fees vary from case to case, but the average case filed in Nebraska ranges from $1,200 to $1,500 depending on the complexity of the case and the attorney hired. Clients frequently ask if their case can be filed before all fees are paid.
Charlie was a bad man. With his aggressive personality he intimidated and threatened others if they didn’t give into what he demanded. He grew rich on the work of others and reminded everyone that without him they were nothing, but such men are destined to fail because they never have enough and so they continuously
The Consumer Financial Protection Bureau has filed a lawsuit against the debt collection firm of Fredericak J. Hanna & Associates and its three principal owners “for operating a debt collection lawsuit mill that uses illegal tactics to intimidate consumers into paying debts they may not owe.” The CFPB complaint alleges that the Hanna firm files