Resource Center

If your business has been struggling and you have considered seeking help in a bankruptcy, you may wonder whether the Means Test would apply to your case. The short answer is “No.” What is the Means Test? It was added to the Bankruptcy Code in 2005 as part of the […]

I was recently interviewed for an article, Chapter 12 Bankruptcy: A Beginner’s Guide, on Magnify Money by Lending Tree on the things you should know about a Chapter 12 Bankruptcy. According to the article in the 12-month period ending Sept. 30, 2018, there were 468 Chapter 12 filings. If you’re […]

An article in the Washington Post on March 14, 2017 reported the number of people defaulting on their student loans has skyrocketed in the past year. Reporting on a study conducted by The Consumer Federation of America (CFA), the Post indicated that millions of people had not made a payment […]

Having your student loans discharged in a Chapter 7 bankruptcy case is very difficult; you must show that repayment would cause you “undue hardship.” Because of this, many courts use a three-factor test, called the Brunner Test, to determine if you can meet the undue hardship requirement for student loan discharge. Recently, […]

Many times financial problems lead to marital problems. When marital problems cannot be resolved and one or both parties decide a divorce is necessary, there are several decisions you must address before you take action. If you are considering filing for bankruptcy, you would want to consider whether both spouses […]

Update to Blog Post made August 23, 2015. October 24, 2016 – by W. Thomas Gilman On August 23, 2015, we posted a short article on the decision made by the Tenth Circuit Court of Appeals in In re Mallo, 774 F.3d 1313 (2014), cert. denied sub nom. Mallo v. I.R.S., — […]

My client received a check about student loan assistance in the mail, unsolicited, for $18,000! My client is an elderly woman, in her late 70’s. Her life is like a lot of my clients – filled with ups and downs. That’s why she’s my client. But she’s no dummy. She brought […]

In some circumstances, it is possible to discharge in bankruptcy certain income tax liabilities, including the taxes themselves, penalties and interest. However, in a decision handed down on December 29, 2014 by the United States Court of Appeals for the Tenth Circuit (which is binding precedent for bankruptcy courts in […]