Resource Center

While student loan debt continues to be a hot political topic recently there have been changes to student loan forgiveness, particularly those from a private, for-profit school. The Tenth Circuit Court of Appeals (which sits in Denver and covers Kansas, Colorado, Oklahoma, New Mexico, Wyoming, and Utah) issued an important […]

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 […]

Update as of March 27, 2020: The Coronavirus Aid, Relief and Economic Security Act (“CARES Act”) was signed in to law on Friday, March 27, 2020. It contains important changes in the Bankruptcy Code aimed at assisting small businesses and consumers. Those changes include the following. Amending the Small Business Reorganization […]

This is an update to our previous post on March 20, 2020: Foreclosures and Evictions during COVID-19 Governor Laura Kelly has issued a new Executive Order that rescinds, and clarifies, Executive Order 20-06 previously issued on March 17, 2020. The new Executive Order, Order No. 20-10, issued on March 23, […]

Both the State of Kansas and the federal government have implemented temporary restrictions on access to courts that affect many businesses’ and individual’s rights. On March 17, 2020, Governor Laura Kelly signed Executive Order 20-06. It became effective on March 17, 2020 at 12:01 p.m. In the order, the Governor […]

March 13, 2020 – Eric W. Barth  On March 11, 2020, the World Health Organization (WHO) declared the Coronavirus Disease 2019 (COVID-19) a pandemic. This is the first time that the WHO has labeled an outbreak a pandemic since the H1N1 swine flu in 2009. In an effort to contain […]

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. You can read […]

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, […]

If you are a farmer facing foreclosure, you should know about Chapter 12 of the U.S. Bankruptcy Code. Also called a “Farm Bankruptcy,” Chapter 12 was created specifically for family farmers and is designed to provide flexibility because it takes into account the seasonal nature of the farming business. Chapter […]