New Legislation to Discharge Student Loans in Bankruptcy

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The new Congress took office earlier this month and there is already a bill introduced to allow student loan debt to be discharged in bankruptcy. In a previous article, I wrote how student loans can be discharged under the current bankruptcy laws, however, it is extremely difficult to do. Discharge of Student Loans in Bankruptcy […]

How to Complete the Statement of Financial Affairs in a Chapter 7 Bankruptcy Without a Nebraska Bankruptcy Attorney

Statement of Financial Affairs (SOFA) How to prepare in Nebraska

This is part five in the six part series on “How to Prepare a Consumer Chapter 7 Bankruptcy without a Nebraska Bankruptcy Attorney”. We discussed the importance of properly completing the Bankruptcy Means Test in the first article in the series. In subsequent articles we discussed filling out the creditor, property, and income and expense […]

How to Complete Your Income and Expense Schedules in a Chapter 7 Bankruptcy Without a Nebraska Bankruptcy Attorney

How to Do a Bankruptcy Petition Schedule Income and Expenses

This is part four in the six-part series on “How to Prepare a Consumer Chapter 7 Bankruptcy without a Nebraska Bankruptcy Attorney”. The first article dealt with the Bankruptcy Means Test, one of the most difficult aspects of preparing to file bankruptcy, and the deciding factor on whether one can proceed with a Chapter 7 […]

Beware of Fake Bankruptcy Attorneys-the Paid Bankruptcy Petition Preparer

Beware of Bankruptcy Paid Petition Preparers

Beware of the Fake Bankruptcy Attorneys-The Paid Petition Preparer You have probably seen the signs on bus stop benches or random billboards advertising for an extremely cheap bankruptcy filing. These signs might be from the bankruptcy mills or $0 Money Down Bankruptcy outfits I’ve warned about before.  Or they can be from what I call the […]

End of Year Bankruptcy Planning to Protect Tax Refund

End of the year bankruptcy planning

  November and December for bankruptcy attorneys is like tax time for accountants. As we head toward the end of the year, bankruptcy filings begin to increase. Why? One aspect of bankruptcy planning for Chapter 7 bankruptcy cases is making sure as much of a client’s tax refund is protected from the hands of the […]

Nebraska Supreme Court Upholds Earning Capacity Use For Child Support Calculation

Earning Capacity for Nebraska Child Support

Caldwell Victorious In Nebraska Supreme Court Case In late September, I mentioned my argument before the Nebraska Supreme Court regarding an issue dealing with Nebraska Child Support. The  Court held, in Freeman v. Groskopf, 286 Neb. 713 (2013), that using a parent’s earning capacity instead of actual wages is permissible in determining child support under […]

Equal Parenting Fight in Nebraska Headlines Again

Joint Custody Presumption in Nebraska

You may recall that I previously advocated that in all divorce and paternity cases in Nebraska that there should be a presumption that joint custody is in the child’s best interest. The Nebraska legislative bill addressing joint custody and equal parenting time was killed during the 2013 legislative session. A fight between the Nebraska Bar […]

Will ObamaCare Decrease Medical Bankruptcies?

Filing Bankruptcy for Medical Bills

With a major provision of ObamaCare coming to fruition in the coming days, I thought it would be interesting to see how this new law regulating the health insurance industry will affect medical bankruptcies. Back in April 2013, President Obama, in defending ObamaCare, said, “nobody should go bankrupt if they get sick…” While it’s true […]

Child Support Earning Capacity-Nebraska Supreme Court Family Law Appeal

Caldwell Argues Before the Nebraska Supreme Court I recently had the privilege to argue a Nebraska family law appeal in front of the Nebraska Supreme Court regarding a family law case dealing with how child support should be calculated under the Nebraska Child Support Guidelines. Basic Facts: Here are the basic facts and the Nebraska […]

Nebraska Bankruptcy Court Makes Avoiding Liens on Vehicles Nearly Impossible

Lien Avoidance in Nebraska Bankruptcy nearly impossible.

For some time, avoiding the lien on a vehicle in a Nebraska bankruptcy case was quite common. If the debtor had what is called a non-purchase money security loan on an owned vehicle, meaning a creditor took out a security interest on property the debtor already owned (“a lien”), AND that lien impaired the Nebraska […]

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