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Nashville Bankruptcy Law Blog

Increasing Number of Bankruptcies Attributed to Medical Debt

  • 18
  • May
    2012

Forget the image you had in your head of the typical person filing bankruptcy. Now more than ever, that typical person is likely to be a friend or neighbor.

What's behind the change? While the economy has certainly contributed to a number of bankruptcies, a growing number of people are filing bankruptcy because of medical debt.

According to a recent study from the American Journal of Medicine, over 62 percent of all bankruptcies were attributed to medical bills. The study went further to say that most Americans are only one serious illness away from filing bankruptcy.

Mortgage to Lease Program Not the Best Deal for Struggling Homeowners

  • 26
  • March
    2012

On Friday, mortgage giant Bank of America announced a new program to help homeowners in foreclosure. As an alternative to eviction, the mortgage company will be offering leases to homeowners after their foreclosure is complete.

While the idea may seem appealing to those who were unable to negotiate a loan modification and have already lost their homes to foreclosure, the new plan reflects an attitude that may not be good for people looking for foreclosure relief so they can keep their homes.

Mortgage Settlement Sprouts New Fears of Mortgage Scams in Tennessee

  • 09
  • March
    2012

Last month, distressed Tennessee homeowners were filled with hope after the national mortgage settlement was announced to repair the harms caused by the robo-signing scandal. But just as homeowners are starting to feel hopeful again, they uncover another stone in their soil. Con artists are emerging trying to take advantage of anxious homeowners.

The Tennessee Department of Commerce and Insurance's Consumer Affairs Division announced a warning last week to Tennessee homeowners facing foreclosure.

How to Keep Your Tax Refund in Chapter 7 Bankruptcy

  • 01
  • March
    2012

It's tax time! Many people in Tennessee considering and actively pursuing Chapter 7 bankruptcy are wondering whether they'll get to keep their tax refunds when they file. Others think that they'll be able to avoid all trouble if they spend it all before filing their case.

The truth is that there are various bankruptcy laws that deal with money that is owed to you or money that you spend prior to filing for bankruptcy. To stay safe, it is always advisable to consult a Murfreesboro bankruptcy attorney before taking any action. With that said, there are some things that are generally true for all people filing bankruptcy.

Bankruptcy Myths Give Some People in Tennessee Cold Feet

  • 13
  • December
    2011

When we need help with a situation, many people ask trusted friends and family members what they know, before talking to a professional. Unfortunately some of the "folk wisdom" they learn, doesn't always end up being so wise. This is frequently true for people considering bankruptcy.

Understanding the truth about bankruptcy can do a lot to take away the fear. Once people have dispelled the myths, it is a lot easier for them to contact a Nashville bankruptcy lawyer who can educate them about how bankruptcy can offer them relief.

Moral Obligation to Families Trumps Contractual Obligation in Tennessee

  • 16
  • November
    2011

From an early age most children are taught how to be responsible with their finances. Their parents give them allowance so they can begin to learn how to appreciate the value of a dollar, how to save it, and when to spend it. As they grow older, the value is expanded to include meeting your obligations.

These values become guideposts to our adult lives. It is how we live responsibly in society. We pay our bills. Few of us consider what we might do if these beliefs come into conflict with taking care of our family. It may be difficult to imagine how this divergence could occur.

Yet, for many responsible Tennessee families this is just what has happened to them in the aftermath of the mortgage meltdown. They find themselves in the position of choosing between paying the mortgage and providing for the needs of their families. For the first time in their lives, many people in Nashville faced foreclosure.

Payday Loans Prey on Poorest In Tennessee

  • 26
  • October
    2011

Payday loans are short-term loans, providing the borrower with quick cash to tide them over in the short term. In exchange for the fast cash, borrowers must agree to repay the loan at crippling interest rates.

Payday loans target the poorest. Individuals who are living paycheck to paycheck and struggling to survive usually do not have the means of gathering a reserve to cover unexpected expenses when an emergency flares up. When these life events do happen, individuals and families are often forced to make the difficult choice between going hungry or taking out a payday loan.

The end result of payday lending is that the poor are pushed deeper and deeper into debt.

Ultimately, individuals and families realize they can no longer keep up with their required payments and default. Frequently, people in Nashville look to bankruptcy for relief from their debt woes.

Bankruptcy Often A Positive Solution for Debtors Saddled With Judgments

  • 28
  • September
    2011

For many people in Nashville struggling to manage their debt, receiving a summons from a creditor can initiate the first of a series of sleepless nights. Summons are written in the legal language of attorneys and are frequently confusing to the average reader.

Even for those who have a valid defense, they may not have the assets to hire an attorney to represent them. Consequently, according to www.Forbes.com, the majority of these lawsuits wind up as default judgments against the debtor.

A judgment, whether it be by default or not, is a ruling by the court that a debtor owes the creditor money. Once that judgment is in place, the creditor has the right to execute that judgment and seize the debtor's assets.

In Debt and Receiving Social Security Benefits? Consider Bankruptcy

  • 09
  • September
    2011

Even for individuals receiving Social Security payments, overwhelming debt can be a serious problem. But, whether you are receiving Social Security checks for age or disability, there are protections built into the bankruptcy code that keep you from being disadvantaged by your benefits in a bankruptcy filing.

Social Security Benefits Are Not Income in Means Test

Eligibility for a Chapter 7 consumer bankruptcy (a liquidation bankruptcy that eliminates almost all types of debt) depends upon a showing that you do not have a high income. A "means test" is applied to all debtors to gauge their ability to repay loans before a bankruptcy case may go forward.

Proposed Law Hopes to Offer Aid to People Buried by Student Loan Debt

  • 11
  • August
    2011

The bankruptcy laws were drafted with the intention of providing debtors with a fresh start. Debtors buried under credit card debts, loans or crippling mortgages can get out from under by filing bankruptcies. It would be logical to think the same safety hatch might be available to college graduates unable to find jobs in the country's stagnant economy. Unfortunately, there isn't one.

It wasn't always this way. While federal student loans have not been dischargeable in bankruptcy since 1978, private student loans were dischargeable until 2005, when the Bankruptcy Abuse Prevention and Consumer Protection Act went into that effect. Since that time all student loans have in essence been non-dischargeable.

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American Board of Certification David F. Cannon is Certified as a Consumer Bankruptcy Specialist by The American Board of Certification and The Tennessee Board of Continuing Legal Education and Specialization