It is important to know that if you are unable to make your mortgage payments, your lender will need to take action. However, a deed in lieu of foreclosure could potentially prevent the negative consequences of a foreclosure. There are both benefits and drawbacks to pursuing a deed in lieu of foreclosure, and seeking guidance from our knowledgeable lawyers is recommended. While a deed in lieu of foreclosure will be reflected on the homeowner’s credit report, it is a more favorable outcome than foreclosure. Additionally, this option would put a stop to foreclosure proceedings if they have already begun and prevent the homeowner from enduring a prolonged wait before losing their home. For a free case evaluation with our Pennsylvania deed in lieu of foreclosure lawyers, contact Young, Marr, Mallis & Deane today at (215) 701-6519. What Is a Deed in Lieu of Foreclosure in Pennsylvania? If a homeowner in Pennsylvania wants to avoid foreclosure proceedings or a final judgment of foreclosure, there are various methods available. One possible option is a deed in lieu of foreclosure, which can assist the homeowner in escaping a difficult financial situation. However, the homeowner must exercise caution while navigating the process to avoid being liable for any outstanding debts once it is completed. Through a deed in lieu of foreclosure, the homeowner and the mortgage lender come to an agreement where the homeowner surrenders the property’s deed to the lender. In exchange, the lender will cease any foreclosure proceedings and cancel the mortgage loan. After the lender receives the deed, they can sell the property to offset the loan. If you experience a foreclosure, it can have a lasting impact on your ability to buy another home in the future due to its appearance on your credit report. However, our Pennsylvania deed in lieu of foreclosure attorneys can help you navigate the complex process to ensure you make the best choice. A deed in lieu of foreclosure can release you from your mortgage obligations and prevent a foreclosure from negatively affecting your credit report. To complete a deed in lieu of foreclosure, you will need to surrender the deed to the lender. This will allow the lender to remove their lien on the property and recoup some of their losses. Additionally, this action will release you from any remaining mortgage debt. Homeowners who find themselves with an underwater mortgage, where they owe more than the home is worth, often seek out this type of agreement. What Is the Difference Between a Deed in Lieu and a Foreclosure in Pennsylvania? It is important to note that a deed in lieu and a foreclosure are not interchangeable terms. When you enter into a deed in lieu agreement, it means that you and your lender have come to the realization that you can no longer afford to make your mortgage payments. The lender agrees not to initiate foreclosure proceedings as long as you willingly transfer ownership of the property to them. In return, the lender releases you from your mortgage obligations and might even provide you with financial assistance to maintain the property until you vacate. While a deed in lieu will be reflected on your credit report, it will not have as severe an impact as a foreclosure. If your lender goes through the foreclosure process, they must follow legal procedures to regain control of the property. However, this process can have negative consequences for you, such as a damaged credit score that lasts for up to 7 years. Buying another home during this time might be challenging unless you can pay for it in cash. Additionally, your lender might or might not offer you financial compensation to vacate the property if it goes into foreclosure. Keep in mind that foreclosure proceedings are both lengthy and costly for both you and the lender. It is crucial to consider all options before agreeing to give up ownership of your home. In many instances, restructuring your mortgage might be the best solution for both parties instead of moving forward with a foreclosure. Reasons Why a Lender Will Accept a Deed in Lieu of Foreclosure in Pennsylvania There are several advantages that can motivate a lender to agree to a deed in lieu of foreclosure. If you are considering this option in Pennsylvania, it is helpful to know some of the benefits that your lender can receive by accepting your deed in lieu of foreclosure. Property Conditions Lenders often prefer to gain possession of well-maintained properties since they are more likely to fetch a higher price and sell faster. In such cases, a lender might require the borrower to maintain the property in good condition through a deed in lieu agreement. Control Over the Property When a borrower fails to make timely mortgage payments, the lender has the option to seek legal action to take possession of the property through foreclosure. This process involves hiring attorneys to represent the lender in court and prove that the borrower has not been meeting their financial obligations. Even after obtaining court approval, the lender must still go through the legal process of evicting the borrower from the property. However, an alternative option for lenders is the deed in lieu. This option allows the borrower to voluntarily transfer property ownership to the lender, saving both time and money for all parties involved. Reasons Why a Lender Will Deny a Deed in Lieu of Foreclosure in Pennsylvania As a borrower, it is crucial to remember that your lender is not obligated to accept a deed in lieu agreement. There are several reasons why a lender might choose to reject a deed in lieu request, including the following: Tax Judgments or Liens Against the Property Clearing a secondary lien or judgment can make relinquishing your property deed more difficult. However, some lenders might be willing to collaborate with you to remove the lien if they notice any other claims on the property. Depreciated Home Value Your home’s value might decrease, which could result in owing more on your loan than your home is worth. If this happens, a lender might offer a deed in lieu agreement. However, the lender might require you to pay the difference between the appraised value and what you owe in order to agree to the deed in lieu agreement. It is important to note that Rocket Mortgage does not participate in this practice. Poor Property Conditions It is important to note that if the condition of your home is subpar, it is possible that your lender might decline any proposed deed in lieu agreement. It is recommended that you ensure the condition of your home meets the necessary requirements before proposing such an agreement to your lender. Our Pennsylvania Deed in Lieu of Foreclosure Lawyers Can Help Our Philadelphia foreclosure attorneys at Young, Marr, Mallis & Deane are here to provide you with a free review of your case by calling us today at (215) 701-6519.

One of the scariest parts about filing for bankruptcy is not knowing what will happen to valuable assets like your house. While many states have legal exemptions that protect a person’s home during bankruptcy, Pennsylvania does not. A homestead exception allows people to shield a certain amount of equity in their home from the bankruptcy process. For many, this is the difference between keeping their house or losing it to bankruptcy. While Pennsylvania does not offer such an exemption, there is a federal homestead exemption you might claim. Pennsylvania is one of a few states that allows people to choose between state and federal exemptions, meaning you can claim the federal homestead exemption since Pennsylvania does not offer one at the state level. Homestead exemptions might be greater if you are filing jointly with your spouse. If you do not claim any homestead exemption, your home might be vulnerable to liquidation by the bankruptcy trustee for your case. For help protecting your home, call our Pennsylvania bankruptcy lawyers at (215) 701-6519 and set up a free assessment of your finances and claims with us at Young, Marr, Mallis & Associates. What is Pennsylvania’s Homestead Exemption for Bankruptcy? Bankruptcy exemptions vary across states. Different states might have different exemptions you can take advantage of, and the monetary limits of these exemptions may also vary. While many states offer homestead exemptions to help protect your house, Pennsylvania is not one of them. While there is no homestead exemption in Pennsylvania, you might still be able to protect your house when you file for bankruptcy. Numerous states might have state homestead exemptions, but so does the federal government. In many states, you are required to claim only state exemptions, even if federal ones might be more generous. Pennsylvania does not follow this rule. Instead, it allows residents to choose either state or federal bankruptcy exemptions. Since there is a federal homestead exemption, you can claim it if you file for bankruptcy in Pennsylvania. Under 11 U.S.C. § 522(d)(1), you may claim up to $27,900 in your home’s equity under the federal homestead exemption. This limit might be higher if you file for bankruptcy jointly with your spouse. You must also be living in the home to claim this exemption. A landlord could not claim the federal homestead exemption to protect a rental property. How Homestead Exemptions Work in Pennsylvania Bankruptcy Cases You can claim the federal homestead exemption when you initially file for bankruptcy. The process can be as simple as naming the exemption and the property you wish to protect in your paperwork when you and your attorney submit your bankruptcy paperwork to the court. If you mistakenly leave this information, your attorney can help you contact the court to correct the information. If caught early, the mistake might be easily fixed. While Pennsylvania allows bankruptcy filers to choose their exemptions, you cannot pick exemptions from both state and federal levels. For example, you may not claim federal homestead exemptions while also claiming state exemptions related to retirement accounts. You must pick entirely federal or state exemptions. This means that if you wish to claim the federal homestead exemption, you cannot claim any state exemptions, no matter how helpful they might be. Before submitting anything to the court, you should call our Philadelphia bankruptcy lawyers. We can review your finances and help you figure out which exemptions are best for your case. You might benefit from federal or state exemptions depending on your assets and your home’s equity. Deciding Between Pennsylvania and Federal Bankruptcy Exemptions As mentioned before, you cannot cherry-pick from both state and federal bankruptcy exemptions. You must select all federal or all state exemptions. As such, you have a big decision to make, and you should talk to your lawyer before making any final choices. Which category is the best choice depends on the assets you want to protect. Considering that Pennsylvania has neither a homestead exemption nor a vehicle exemption, many bankruptcy petitioners elect federal exemptions, allowing for both home and vehicle protections. However, those who do not own homes or vehicles might choose differently. Perhaps you are a renter who uses public transportation. In that case, you would not need to claim the federal homestead or vehicle exemptions. At that point, reviewing the available state exemptions would be wise, as they might help in ways federal exemptions do not. On the other hand, you and your attorney might decide that federal exemptions other than the homestead exemption are in your better interest. What Happens If I Do Not Claim Homestead Exemptions in a Pennsylvania Bankruptcy Case? Bankruptcy exemptions are available, but you must actively claim them. They do not kick in automatically. Normally, claiming exemptions involves listing them in your petition when you file with the courts. If you leave out the exemptions by mistake, the bankruptcy trustee may seize the unprotected assets and sell them to pay back your creditors. If you did not claim the homestead exemption because of a mistake on forms – specifically, Schedule C forms – the bankruptcy trustee might allow you to correct the mistake before moving forward. However, the trustee might assume you did not intend to claim any exemptions and process your case. At that point, it might be hard to fix the error. Corrections might be made informally. If the trustee notices you did not claim the homestead exemption, and you have a valuable home, they might double check with you or your lawyer before finalizing anything. If you believe you might have filled out the incorrect information, call your lawyer immediately so they can get in touch with the bankruptcy trustee. Call Our Pennsylvania Bankruptcy Lawyers for Help Now To determine what exemptions are best for you, call our Bensalem, PA bankruptcy lawyers at (215) 701-6519 and schedule a free assessment of your case with us at Young, Marr, Mallis & Associates.

I was the third attorney on this lien avoidance matter. Instead of it being “third time’s the charm”, it came close to being “three strikes and you’re out.” All because of FRBP 7041. One This was the set up: original counsel filed a number of lien avoidance actions, including the one against a landlord with […] The post Rule 41 Threatens Strike Out appeared first on Bankruptcy Mastery.

Wet funding and dry funding states handle mortgage loans differently. So, what is Pennsylvania, a wet or dry funding state? Wet funding is a faster lending process, allowing borrowers to receive mortgage funds on the day mortgage documents are signed in Pennsylvania. While it is faster than dry funding, wet funding is also riskier. Predatory lending practices and bad faith acts are more common with wet loans. If you have fallen behind on mortgage payments after getting a wet loan, you can defend yourself against foreclosure with proof of predatory lending. Suppose you do not have a defense against foreclosure. In that case, you can file for bankruptcy, allowing you to repay your lender according to a more manageable payment schedule in Pennsylvania. Call our Pennsylvania bankruptcy lawyers at (215) 701-6519 to have Young, Marr, Mallis & Associates review your case for free today. Is Pennsylvania a Wet Funding State? Pennsylvania is a wet funding state, meaning prospective homeowners will receive funds immediately after a loan is approved, allowing them to purchase a home right away. All other processes and documentation regarding a property are completed after the funds are dispersed. Wet funding states are more common than dry funding states. With a wet loan, borrowers will receive funds more quickly. With dry loans, the process is slower. Although that can seem less preferable initially, it does provide additional protections for borrowers. That is why some states prohibit wet funding altogether. If you get a wet loan in Pennsylvania, your mortgage will be closed faster. This means you will be tied to a mortgage more immediately, which can become risky in certain situations. Because Pennsylvania is a wet funding state, borrowers do not have the increased protections that come with getting loans in dry funding states. What Are the Risks with a Wet Funding State Like Pennsylvania? Although wet loans can speed up the process of getting a mortgage and purchasing a property, there are risks involved. It is important to understand the lack of protections afforded with wet loans so that you do not become the victim of fraud or predatory lending in Pennsylvania. In dry funding states, the loan is not officially closed when mortgage documents are signed, and funds are not dispersed at that time. Although receiving a dry loan is a longer process, it allows borrowers to do their due diligence and ensure they are not being taken advantage of. The same is not true of wet funding states. Because the loan will be closed the same day you sign mortgage documents, it is crucial to review the terms of your loan before that date. Our Philadelphia bankruptcy lawyers can assess the proposed mortgage agreement to ensure that you are not agreeing to an arrangement that causes you financial distress. With wet loans, it is easier for banks and lenders to prey on borrowers. Because the process is much faster, borrowers might be more likely to agree to high-interest rates and mortgage payments that are outside of their financial ability just so they can purchase a property as soon as possible. This can lead to homeowners defaulting on their mortgages in the future, causing them to lose their homes. When this happens, the bank can foreclose on your property. If predatory lending practices were involved in you receiving your wet loan in Pennsylvania, you may be able to prevent mortgage foreclosure. Identifying Predatory Lending Practices with Wet Loans in Pennsylvania With wet loans, there is an increased risk of predatory lending practices. To better protect yourself from such activity, it is important that you are able to identify predatory lending practices so that you do not fall victim to them in Pennsylvania. Federal and state laws protect borrowers from predatory lending practices and govern the rules banks must follow when lending funds to borrowers. Those laws might be broken when lenders use bad faith in giving loans. Tell-tale signs of bad lending practices include balloon payments, excessive fees, high-interest rates, expensive monthly payments, and pressure from a lender to agree to a mortgage. If you feel your lender is urging you to sign a mortgage agreement too quickly and that unnecessary fees are involved in the process, consult our attorneys. Sometimes, predatory lending is unclear, and homeowners might be left with a mortgage they cannot pay based on their incomes. This is more common in wet funding states like Pennsylvania because the process is much quicker. Fortunately, our lawyers can use proof of predatory lending as a defense against mortgage foreclosure, allowing you to keep your home even though you have fallen behind on payments. Dealing with a Bad Wet Loan in Pennsylvania If you got a wet loan to purchase your home in Pennsylvania and cannot repay it according to your current agreement with your bank, you can protect your home from foreclosure with bankruptcy. The first step will be negotiating with your lender. Our attorneys may be able to restructure your current mortgage agreement to make monthly payments more manageable for you. You can defend yourself in court if your lender is not open to negotiations and plans to foreclose upon your home because you have entered into mortgage default. However, you may have to file for bankruptcy if you cannot prove predatory lending practices. With bankruptcy, homeowners can combat bad wet loans by consolidating all of their debts under the same low-interest rate. This can reduce the interest on your missed mortgage payments, allowing you to catch up without paying too much additional interest. This is achievable through Chapter 13 bankruptcy. With Chapter 7 bankruptcy, dischargeable debts will be erased. This can allow you to focus on repaying a wet loan. If you have other assets you can liquidate, doing so can settle your outstanding mortgage payments in Pennsylvania. Call Our Lawyers to Learn About Bankruptcy in Pennsylvania The Allentown, PA bankruptcy lawyers at Young, Marr, Mallis & Associates can assess your case for free when you call (215) 701-6519.

Filing for bankruptcy can be a complicated process. If you’ve recently gone through this process, you might be wondering whether creditors can continue their efforts to collect the debt that led to your bankruptcy filing. In New Jersey, once a debtor has successfully completed the bankruptcy process and received a discharge, creditors are generally prohibited from attempting to collect any debts that were included in the bankruptcy filing. The discharge is a legal order that releases the debtor from personal liability for certain debts, preventing creditors from pursuing further collection actions. This protection ensures that debtors can have a fresh financial start without the constant threat of creditor harassment or collection attempts for discharged debts. If you need help with your bankruptcy case, seek assistance from our experienced New Jersey bankruptcy attorneys at Young, Marr, Mallis & Associates by dialing (609) 755-3115. Debt Collection After Filing for Bankruptcy in New Jersey In New Jersey, as in most states, the automatic stay goes into effect as soon as you file for bankruptcy. This automatic stay is a powerful legal injunction that prohibits creditors from taking any action to collect debts from you. This means that creditors cannot initiate or continue any collection activities, including phone calls, letters, lawsuits, wage garnishments, or repossessions. The automatic stay is put in place to give you breathing room and protection from creditor harassment while your bankruptcy case is being resolved. After your bankruptcy case has been successfully completed and a discharge has been granted, most of your eligible debts will be wiped out. This means that you are no longer legally obligated to repay those debts, and creditors are prohibited from attempting to collect them. The discharge is a court order that prevents creditors from pursuing any further collection actions on the debts that were included in your bankruptcy filing. It’s important to note that certain types of debts, such as student loans, child support, and certain tax debts, may not be dischargeable in bankruptcy. However, it’s crucial to be aware that not all debts are automatically dischargeable, and some creditors might challenge whether certain debts are dischargeable in your bankruptcy case. For instance, if a creditor believes that you incurred a debt through fraudulent activity or willful misconduct, they might file an adversary proceeding to have that debt declared as non-dischargeable. In such cases, the court will evaluate the creditor’s claims and make a determination. If you find yourself in a situation where a creditor is attempting to collect a debt that should have been discharged through bankruptcy, it’s important to act quickly. You can inform the creditor about your bankruptcy discharge and provide them with the necessary documentation to support your claim. If the creditor continues its collection efforts, then you may need to involve our Marlton, NJ bankruptcy lawyers to address the issue legally. Rules for Debt Collection Practices in New Jersey Debt collection practices in New Jersey are governed by both state and federal laws. These laws exist to ensure fair and ethical treatment of individuals by debt collectors. Accordingly, understanding the rules that pertain to debt collection is important for both debtors and creditors. Fair Debt Collection Practices Act (FDCPA) Protections The Fair Debt Collection Practices Act (FDCPA) is a federal law that sets guidelines for how debt collectors can interact with debtors. It prohibits abusive, deceptive, and unfair practices in debt collection. Under the FDCPA, debt collectors are restricted from using tactics such as harassment, false statements, and unfair practices to collect debts. They are also required to provide accurate and clear information about the debt and the debtor’s rights. State-Level Regulations In addition to federal laws, New Jersey has its own set of regulations known as the New Jersey Fair Debt Collection Practices Act (NJFDCPA). This state law mirrors many provisions of the FDCPA but also includes some additional protections. For instance, the NJFDCPA extends the definition of “debt” to cover consumer leases and transactions involving money, property, insurance, and services. It also imposes specific requirements on debt collectors, such as providing validation notices within five days of initial communication and disclosing the debtor’s right to dispute the debt. Limitations on Collection Actions New Jersey law sets a statute of limitations on debt collection actions. For most debts, including credit card debts and personal loans, the statute of limitations is six years. This means that creditors cannot file a lawsuit to collect a debt after the six-year period has expired. However, it’s important to note that making a payment or acknowledging the debt could potentially restart the clock on the statute of limitations. Other Prohibited Practices Debt collectors in New Jersey are prohibited from engaging in various practices that could harm or mislead debtors. These include using profane or obscene language, making excessive and harassing phone calls, making false representations about the debt or the consequences of not paying, and threatening legal action that they do not intend to take. Debtors have the right to request verification of the debt, dispute the debt, and request that the debt collector cease communication. Taking Action Against Improper Collection Practices in New Jersey Improper collection practices have serious consequences for debtors. These practices, like aggressive communication and threats, make debtors anxious and stressed. Debtors who are subject to these practices might unnecessarily spend money out of fear. Further, they could face unfair legal problems. If you believe that a creditor or debt collector has violated your rights by engaging in improper collection practices, it’s essential to take action immediately. Start by documenting the details of the communication, including dates, times, and the content of conversations. Afterwards, you should get in touch with the team at our firm. We can help send a written dispute letter to the creditor, outlining the violations and demanding resolution. If the issue persists, we can provide valuable guidance on how to proceed and protect your rights effectively. Contact Our New Jersey Bankruptcy Lawyers Today for Help with Your Case Get assistance from our experienced Cherry Hill, NJ bankruptcy attorneys by calling Young, Marr, Mallis & Associates at (609) 755-3115.

If you are in debt, the last thing you probably want is creditors breathing down your neck, constantly asking when they are going to get paid. You know that you owe them, and they know that you owe them. Chances are, you are working diligently to pay off your debts but are running into problems that may be outside of your control. Having frustrated creditors breathing down your neck about payments when you are trying your best to get them in on time can be very distressing to debtors trying to remedy their situation. The quickest way to stop creditor harassment is to pay off your debts. Of course, that may not be an option for many people in debt. You can also try and privately work out a solution with your creditors. If that does not work, filing for bankruptcy will prevent creditors from harassing you about paying them. Start fighting back against creditor harassment by calling our New Jersey bankruptcy lawyers with Young, Marr, Mallis & Associates at (609) 755-3115 and getting a free case analysis. Why Does Creditor Harassment Happen in New Jersey Creditors more or less want one thing and one thing only – to get paid. When creditors are not paid, they can get anxious, agitated, angry, or all three. This can cause them to do things like make collect calls, contact your employer, or, in extreme cases, confront you in person. Creditor harassment happens when creditors take trying to get their debtors to pay them too far. There are rules creditors must follow that are meant to prevent them from harassing debtors. For example, creditors cannot call you before 8:00 AM or after 9:00 PM. Additionally, creditors can no longer contact you at work, through emails or texts, or on social media if you directly ask them to stop doing so. There are also certain things creditors are not allowed to do when trying to contact you about debts. Creditors cannot threaten you or swear, and they cannot contact you more than seven times in a seven-day period. If you speak with them directly on the phone, they cannot contact you for another seven days. Additionally, creditors cannot lie to you. For example, creditors cannot pretend to be a government entity or a lawyer. Options to Stop Creditor Harassment in New Jersey There are several options available to you to stop creditors from harassing you in New Jersey. Depending on your situation, some options may be more viable than others. When you meet with our Mount Holly, NJ bankruptcy lawyers, we can go over your situation and figure out the best course of action to stop creditors from harassing you. Pay Debts The most straightforward way on paper to get creditors to stop harassing you is to pay the debts you owe them. However, real-life circumstances can make this option very difficult. If your finances are already strained, this option may be off the table entirely. Moreover, a creditor who is already harassing you may not stop once you pay their debts, even if they have no reason to continue talking to you. Contact Creditor You can also get in touch with the creditor directly to try and remedy the situation. Creditors are allowed to modify their agreements with private persons, and you may be able to come up with a solution that works for both parties. If you wish to pursue this option, it is advisable to have legal counsel that can stand up to creditors if they try to set unfair terms. Go to Court If a creditor’s behavior is especially bad, you can sue them in court. If a creditor threatens you, says they will sue you when they have nothing to sue for or tries to charge you for more than what they are owed, you are well within your right to bring a civil action against them for harassing you. File Bankruptcy Filing for bankruptcy will instantly stop creditors from harassing you about your debts. Bankruptcy has a stigma attached to it that is unfairly earned. Often, when people think of “bankruptcy,” images are conjured up of families being left totally destitute and bereft of funds or someone’s business that was their life’s work being stripped for parts. The reality is very far from this grim picture. Bankruptcy is designed to pay off a creditor’s debts and make sure that the debtor comes out of proceedings. In fact, bankruptcy is designed in part specifically to stop creditors from simply taking everything you own. Once bankruptcy proceedings are finished, you essentially have a clean slate free of debts or monetary obligations, and you can move on with your life. The Best Way to Stop Creditors from Harassing You in New Jersey The best and most surefire way to stop creditors from harassing you about your debts is to file for bankruptcy. Bankruptcy is designed specifically to relieve debtors from the stress of paying off large debts as well as make sure creditors get paid what they are owed. When you file for bankruptcy under any chapter, something called an “automatic stay” is put in place. An automatic stay is a court order that stops creditors from harassing you about debts in any way whatsoever. This means that creditors cannot confront you, show up at your doorstep or place of business, or even make collect calls to ask about your debts. If creditors persist in this behavior in spite of an automatic stay, you can sue them in court for violating a court order. Should you be successful, they will have to pay you damages. Discuss Your Situation with our New Jersey Bankruptcy Lawyers Today If you are dealing with creditor harassment and need help, call our Cherry Hill, NJ bankruptcy Lawyers from Young, Marr, Mallis & Associates at (609) 755-3115 for a free case review.

 Here's What Happens When Your Small Business Files for Bankruptcy  by Motley Fool. The article can be found at https://www.fool.com/the-ascent/small-business/articles/heres-what-happens-when-your-small-business-files-for-bankruptcy/Jim Shenwick, Esq  917 363 3391  [email protected] Please click the link to schedule a telephone call with me. https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt!

Having student loan debt can cause people considerable financial hardship. Depending on your finances, you might be able to file for bankruptcy to discharge your student loans in Pennsylvania. In order to get student loans discharged in bankruptcy, borrowers must file undue hardship claims. This type of claim requires borrowers to prove that their student loans are causing them undue hardship, and that certain circumstances outside their control prevent them from repaying their lenders. Getting student loans discharged in bankruptcy is challenging. Do not be discouraged if you cannot prove your undue hardship claim. Bankruptcy can still help you settle your student loan debt by consolidating all of your debts under the same low-interest rate. Bankruptcy will also erase dischargeable debts, allowing you to focus on repaying your student loans in Pennsylvania. To schedule a free case assessment from our Pennsylvania bankruptcy lawyers, call Young, Marr, Mallis & Associates now at (215) 701-6519. Can Your Student Loans Be Discharged if You File for Bankruptcy in Pennsylvania? Although student loans are unsecured non-priority debts, meaning the law does not see them as urgent debts that must be repaid immediately under bankruptcy, they are not always dischargeable. You must prove undue hardship when you file for bankruptcy to erase your student loans in Pennsylvania. Student loans are exceedingly common and leave many young people in debt the moment they graduate college. While filing for bankruptcy can help you eliminate dischargeable debts, like credit card and medical debt, it is not so easy with student loans. You must prove undue hardship to discharge your student loan debt with bankruptcy in Pennsylvania. To do this, our Pennsylvania bankruptcy lawyers may aim to prove that paying your student loans will put you below the minimum standard of living and in a place of poverty. Undue hardship can also pertain to instances where borrowers have special circumstances that make paying their student loans nearly impossible, such as having a disability that makes them unable to work. For example, if you receive Supplemental Security Income or Social Security Disability Insurance benefits in Pennsylvania, those payments alone may not be sufficient to repay your student loans and could leave you impoverished. If you demonstrated good faith in that you attempted to repay your student loans and remained in communication with your student loan holder to negotiate repayment plans, that might work in your favor when seeking to discharge your student loans via bankruptcy. The court may use the totality of the circumstances test when assessing whether or not your student loans can be discharged. This will involve evaluating all of the reasons why you may not be able to repay your student loans, such as having many dependents and living below the poverty line. Still, getting student loans discharged in bankruptcy is never guaranteed in Pennsylvania. The success of your undue hardship claim may vary, depending on the size of your student loans, your current financial situation, and whether you have private or federal student loans. How Can Filing for Bankruptcy Help You Repay Your Student Loans in Pennsylvania? If you cannot prove your undue hardship claim and the court decides your student loans will not be discharged, filing for bankruptcy can still help you repay your lender and make payments more manageable. For example, entering bankruptcy will allow you to consolidate your debt under one low-interest rate, discharge other debts so you can focus on repaying your student loans, and provide you with an automatic stay so that you can arrange your finances in preparation for repayment. Debt Consolidation When you enter bankruptcy, your debts can be consolidated. Any non-dischargeable debts, including any student loans you may have, will be consolidated under the same low-interest rate. If high-interest rates were previously attached to your student loans, they will be lowered, meaning less interest will accrue on your debts as you repay them. During bankruptcy, you might enter mediation with student loan lenders, where we can negotiate lesser payments on your behalf. Then, our attorneys will draft a repayment plan and submit it for court approval. If the repayment plan is approved, you can begin repaying your student loans over a pre-determined period of time without them growing too much. This can allow you to get a handle on your student loans. Chapter 13 bankruptcies require repayment plans. Such repayment plans take between three and five years to complete. Suppose you file for Chapter 7 bankruptcy in Pennsylvania. In that case, certain assets of yours will be liquidated to satisfy your student loans and any other non-dischargeable debts you may have in Pennsylvania. Discharge of Other Debts Student loan borrowers might have other debts, like credit card and medical debt, that impede their ability to repay their student loans. When you file for bankruptcy in Pennsylvania, debts eligible for discharge will be erased. If you file Chapter 7, they will be erased immediately. If you file Chapter 13, they will be erased once your repayment plan is complete. Getting eligible debts discharged can allow you to focus solely on repaying your student loans. This can give you the financial relief you need to restructure your finances to satisfy your debt to lenders. Automatic Stay Filing for bankruptcy results in an automatic stay. Student loan lenders cannot contact you about making payments when this happens. This will allow you time to assess your finances and make a plan moving forward. Automatic stays are available to most bankruptcy filers in Pennsylvania. If you have filed for bankruptcy in the recent past, you might have to petition the court to get an automatic stay on your student loan payments in Pennsylvania. Call Our Pennsylvania Lawyers About Your Bankruptcy Claim Now You can call (215) 701-6519 to get a free case evaluation from the Pennsylvania bankruptcy lawyers at Young, Marr, Mallis & Associates.

 What happens to your Student Loans if you file bankruptcy? See the article at Marca.com, it can be found athttps://www.marca.com/en/lifestyle/us-news/personal-finance/2023/08/12/64d7a919e2704ea0378b4598.htmlJim Shenwick, Esq  917 363 3391  [email protected] Please click the link to schedule a telephone call with me. https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt!

Going through bankruptcy proceedings can be incredibly stressful. Although lawyers may be doing much of the legwork when interacting with the court, there is still a great deal of pressure put on couples where one or both spouses are in the middle of bankruptcy proceedings. When there are tense, stressful situations, couples may consider separating or filing for divorce to try and escape these circumstances and put the situation behind them. It is not out of the ordinary for one member of a couple to file for divorce after going through bankruptcy. Bankruptcy proceedings can put a great deal of stress and frustration on a couple, which creates an unpleasant situation for everyone involved. Many individuals may consider their spouse being saddled with significant debt as a reason to consider divorce, even if their spouse is working to clear their debts and start anew. If you are considering filing for bankruptcy or having trouble dealing with bankruptcy proceedings, our bankruptcy lawyers from Young, Marr, Mallis & Associates can help when you call (609) 755-3115 for New Jersey or (215) 701-6519 for Pennsylvania. Bankruptcy and Divorce Statistics A recent study found that 54% of people think that a spouse being in debt is a reason to think about getting a divorce. This could be for many reasons. Not only will financial stress affect one spouse, but the spouse who is not in debt may also be affected. This can be especially true if one spouse has not been upfront about how they have been managing their finances or if a spouse is making significant life sacrifices to support their partner who is in debt. Filing for divorce can be seen as a way out of a bad financial situation that is perceived to be holding someone back. Problems When Bankruptcy and Divorce Happen at the Same Time If a couple files for divorce during bankruptcy proceedings, it can lead to significant problems that will impact both legal proceedings. When a couple files for bankruptcy, their assets get put into something called a “bankruptcy trust.” A bankruptcy trust keeps track of all of the assets of a debtor that can be sold off to pay their debts. In divorce proceedings, a couple’s assets are divided between the two spouses. If those assets are in a bankruptcy trust, a court cannot divide them because they stay with the trust until they are sold off or all debts are paid. Ultimately, this means that divorce proceedings cannot go forward or finish until bankruptcy proceedings are done. So, if you file for divorce while bankruptcy proceedings have not finished, the divorce cannot be finished until bankruptcy proceedings are complete. Similarly, if you file for bankruptcy during divorce proceedings, the divorce proceedings will be put on hold. Thus, it is better to complete bankruptcy proceedings before filing for divorce or wait until a divorce is complete to file for bankruptcy. Can Bankruptcy Help Avoid Divorce? All of the negativity surrounding financial problems putting stress on a relationship can make it seem like bankruptcy is a surefire way to get a divorce. However, in many circumstances, working with a bankruptcy lawyer to file for bankruptcy can ease financial stress and potentially avoid the looming specter of a divorce. Debtors who go through bankruptcy proceedings get a clean slate afterward with no debts. This can significantly ease the burden placed on couples dealing with financial issues. Immediate Relief after Filing for Bankruptcy One of the lesser-known benefits of filing for bankruptcy is that all efforts to collect debt must immediately cease after you file. This is called an “automatic stay.” Essentially, automatic stays are court orders that prevent creditors from trying to collect your debts in any way. They cannot even call to ask you about your debts. Filing for bankruptcy can provide immediate relief to a couple dealing with the stress of looming debt. Collectors will no longer email them or call their home or place of business. This could help to alleviate anxiety a couple is facing about debt. Additionally, bankruptcy puts in place a plan to pay off debts. Having a plan can take away uncertainty and make financial issues less serious. Chapter 7 vs. Chapter 13 Bankruptcy Chapter 7 and Chapter 13 bankruptcy are the chapters of bankruptcy most likely to assist couples facing financial problems. Which Chapter you file under will depend on your financial situation. Our lawyers can assist with figuring out which chapter of bankruptcy best suits your needs and the needs of your spouse. Chapter 7 bankruptcy is best suited for individuals or couples with few assets. This is because Chapter 7 places almost no limits on what can be “liquidated” or sold for cash to pay debts. However, one of the benefits of Chapter 7 is that it wraps up relatively quickly compared to other bankruptcy chapters. Chapter 13 bankruptcy is the most common form of bankruptcy couples file for. Chapter 13 allows you to earmark assets as “off limits” from creditors. While you can also do this under Chapter 7, the capability to do so is much more limited. Thus, couples with assets they want to hold onto generally file for Chapter 13 bankruptcy. The downside, on the other hand, is that Chapter 13 repayment plans can take quite a while to resolve themselves. This means that you and your spouse will be dealing with this form of bankruptcy for much longer than Chapter 7. It is important that you consider this option with your spouse as well as our lawyers. Our Bankruptcy Lawyers Can Offer Assistance If you are concerned about the prospect of divorce or other issues surrounding your potential bankruptcy, schedule a free case review with the bankruptcy lawyers from Young, Marr, Mallis & Associates by calling (609) 755-3115 for New Jersey or (215) 701-6519 for Pennsylvania.