Author Archives: Allen Sanders

Discharging Student Loans in Bankruptcy Cases

The short story is you cannot discharge student loans.  The longer story is that it is dischargeable if it would “impose undue hardship.”  Most courts require a strong showing of “undue hardship” before allowing discharge of student loans.  “Undue hardship” … Continue reading

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Discharging Taxes In Bankruptcy Cases

Is Tax Dischargeable? Five Rules That Must All Be Satisified To Discharge Taxes The Three Year Rule The most recent due date to file the return for the tax year in question is more than three years old. The most … Continue reading

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Can Post-Petition Homeowner’s Association (HOA) Fees Be Discharged In A Bankruptcy?

A.   Fact Pattern: If an individual owns a condominium and surrenders it to the secured creditor in a bankruptcy can homeowner’s association fees and assessments continue to accrue post-petition? 11 U.S.C. § 523(a)(16) 11 U.S.C. § 523(a)(16) does not discharge … Continue reading

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Mortgage Cram Downs California in Chapter 13 Bankruptcy

You may be able to reduce your mortgage principal on investment or rental property.  It does not apply to a home you use as your principal residence. A mortgage cram down allows you to reduce the principal balance of the … Continue reading

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Chapter 13 Bankruptcy in Riverside, CA

A Chapter 13 Bankruptcy is also called a wage earner’s plan.  Debtor(s) propose a repayment plan to make installment payments to creditors over a period of three to five years.  If debtor’s current monthly income is less than the applicable … Continue reading

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What is a Chapter 7 Bankruptcy?

A Chapter 7 Bankruptcy is also known as a “straight bankruptcy” and is the most common type of bankruptcy case.  Someone who files a Chapter 7 has little or no assets to pay creditors. To qualify to file a Chapter … Continue reading

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