Undue Hardship Claims & The (Non-)Dischargeability of Student Loan Debt

Undue Hardship Claims & The (Non-)Dischargeability of Student Loan Debt Student Loan Disbursements Exempt from Bankruptcy Pursuant to 20 U.S.C. § 1095(d), student loans, grants, and work awards cannot be taken, via garnishment, attachment, or otherwise, by creditors to satisfy any debts owed by the student. While some states have opted out of the federal […]

Six Year Statute of Limitations for Collecting on Credit Card Debt

Six Year Statute of Limitations for Collecting on Credit Card Debt In 2011, Arizona Governor Jan Brewer signed HB 2412 into law, amending A.R.S. § 12-548 and increasing the statute of limitations for credit card debt from three years to six years. According to the statute, credit card debt “must be prosecuted within six years […]

Creditors Do Not Have PMSI in Car Loan Portion Related to Negative Equity

Creditors Do Not Have PMSI in Car Loan Portion Related to Negative Equity The Ninth Circuit Court of Appeals found that a creditor does not have a purchase money security interest (PMSI) in the portion of the debtor’s car loan related to negative equity of a vehicle traded in at the time of a new […]

BAP Uses Hatton II Version of Beard Test to Determine Dischargeability of Untimely Filed Tax Returns

BAP Uses Hatton II Version of Beard Test to Determine Dischargeability of Untimely Filed Tax Returns The BAP for the Ninth Circuit held that the proper determination of the dischargeability of tax debt related to untimely filed tax returns is not limited to a narrow, exclusively objective analysis of the form and content of the […]