Showing posts with label EXEMPTIONS. Show all posts
Showing posts with label EXEMPTIONS. Show all posts

Tuesday, December 29, 2020

These Student Loans Are Not Covered By DeVos’s Extension Of Relief

  

These Student Loans Are Not Covered By DeVos’s Extension Of Relief


Adam S. Minsky, Esq.

On Friday, Education Secretary Betsy DeVos announced an extension of the moratorium on student loan payments, interest, and collections to January, 31, 2021.

This additional month provides critical relief to millions of student loan borrowers struggling with repayment and averts an imminent “cliff” on December 31, when the relief was originally scheduled to expire. It gives Congress additional time to potentially extend the relief further into 2021 as part of larger stimulus negotiations. And it provides President-Elect Biden, who would be sworn in on January 20, with the opportunity to enact further relief through executive action if necessary.

But not all student loans are covered by DeVos’s extension. Here’s why.

The current moratorium on student loan payments, interest, and collections is a result of the CARES Act — bipartisan legislation that was enacted in March to provide economic relief in response to the COVID-19 pandemic. But the language in the CARES Act limited student loan relief only to government-held federal student loans. This includes federal Direct loans, and a small number of other types of federal loans that were acquired by, or assigned to, the U.S. Department of Education.

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But a large volume of student loans were excluded from the CARES Act’s provisions. Three main categories of loans are excluded:

  • Loans administered by the Family Federal Education Loan (FFEL) program. FFEL loans are federal loans originated by a private lender, but ultimately backed or guaranteed by the federal government. The FFEL program was discontinued in 2010, but there was still many borrowers who are repaying FFEL-program loans.
  • Perkins loans are federal loans originated by colleges and universities. They are neither Direct nor FFEL loans, and are not protected by the CARES Act.
  • Private student loans are purely private with no federal backing, and are issued and administered by banks and other commercial lending entities.

Because DeVos limited the extension of student loan relief to the existing moratorium under the CARES Act, the relief was not expanded to cover these other loan programs.

There is roughly $300 billion in outstanding student loans that are ultimately left out of the relief, according to the Student Borrower Protection Center. Of that, around there is $160 billion in privately-owned FFEL loans, $5 billion in Perkins loans, and $133 billion in private student loans.

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Congressional Democrats have been pushing to expand the CARES Act protections to cover FFEL loans and Perkins loans. Progressive lawmakers have also pushed for broad private student loan forgiveness, as well. The HEROES Act, which passed the House of Representatives on a largely party line vote in May, would have provided for up to $10,000 in private student loan forgiveness for borrowers in economic distress. But so far, these efforts have run into opposition in the Republican-controlled Senate.

A bipartisan group of senators unveiled a new, $900 billion stimulus bill last week designed to revive efforts to reach a compromise on broad economic relief before the end of the year. Included in this proposal is $4 billion dedicated to student loan relief. While this allocation of federal funds could be sufficient to cover an additional extension of the student loan moratorium further into 2021, specific details regarding student debt relief have yet to be disclosed, and it is not yet clear whether the current relief could be expanded to include the other types of student loans.

Thursday, November 26, 2020

WHAT IS BANKRUPTCY? - ATTORNEY IN HACKENSACK NEW JERSEY (201) 646-3333

 1. What is Bankruptcy?


Bankruptcy is a legal proceeding in which an individual who cannot pay his or her bills can get a fresh financial start. The right to file for bankruptcy is provided by federal law, and all bankruptcy cases are handled in federal court. Filing bankruptcy immediately stops all of your creditors from seeking to collect debts from you, at least until your debts are sorted out according to the law.


2. What Can Bankruptcy Do for Me?


Bankruptcy may make it possible for you to:


- Eliminate the legal obligation to pay most or all of your debts. This is called a “discharge” of debts. It is designed to give you a fresh financial start. 

- Stop foreclosure on your house or mobile home and allow you an opportunity to catch up on missed payments. (Bankruptcy does not, however, automatically eliminate mortgages and other liens on your property without payment.)

- Prevent repossession of a car or other property, or force the creditor to return property even after it has been repossessed.

- Stop wage garnishment, debt collection harassment, and similar creditor actions to collect a debt.

- Restore or prevent termination of utility service.

- Allow you to challenge the claims of creditors who have committed fraud or who are otherwise trying to collect more than you really owe.

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3. How can I get a copy of a bankruptcy filing?


The federal judiciary proves public access to federal appellate, district and bankruptcy court documents through Public Access to Court Electronic Records (PACER), an electronic public access service.


4. What Doesn’t Bankruptcy Do?


Bankruptcy cannot, however, cure every financial problem. Nor is it the right step for every individual. In bankruptcy, it is usually not possible to:


- Eliminate certain rights of “secured” creditors. A “secured” creditor has taken a mortgage or other lien on property as collateral for the loan. Common examples are car loans and home mortgages. You can force secured creditors to take payments over time in the bankruptcy process and bankruptcy can eliminate your obligation to pay any additional money if your property is taken. Nevertheless, you generally cannot keep the collateral unless you continue to pay the debt

- Discharge types of debts singled out by the bankruptcy law for special treatment, such as child support, alimony, certain other debts related to divorce, some student loans, court restitution orders, criminal fines, and some taxes. 

- Protect cosigners on your debts. When a relative or friend has co-signed a loan, and the consumer discharges the loan in bankruptcy, the cosigner may still have to repay all or part of the loan.- Discharge debts that arise after bankruptcy has been filed.

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5. How often can I file bankruptcy?


You cannot receive a discharge in a Chapter 7 case if you received a discharge under a Chapter 7 case filed in the last eight years or a Chapter 13 filed in the last six years.  You cannot receive a discharge in a Chapter 13 case if you received a discharge under a Chapter 7 case filed in the last four years or a Chapter 13 filed in the last two years.  If didn’t received a discharge in the previous bankruptcy filing, depending on why this is the case, you can file and receive a discharge without any time restrictions.

Wednesday, November 11, 2020

EXEMPTIONS - ATTORNEY IN HACKENSACK NEW JERSEY (201) 646-3333

11 U.S. Code § 522. Exemptions


(a) In this section— (1)  “dependent” includes spouse, whether or not actually dependent; and
 (2)  “value” means fair market value  as of the date of the filing of the petition or, with respect to  property that becomes property of the estate after such date, as of the  date such property becomes property of the estate.
(b) (1)  Notwithstanding section 541 of this title,  an individual debtor may exempt from property of the estate the  property listed in either paragraph (2) or, in the alternative,  paragraph (3) of this subsection. In joint cases filed under section 302 of this title  and individual cases filed under section 301 or 303 of this title by or  against debtors who are husband and wife, and whose estates are ordered  to be jointly administered under Rule 1015(b) of the Federal Rules of  Bankruptcy Procedure, one debtor may not elect to exempt property listed  in paragraph (2) and the other debtor elect to exempt property listed  in paragraph (3) of this subsection. If the parties cannot agree on the  alternative to be elected, they shall be deemed to elect paragraph (2),  where such election is permitted under the law of the jurisdiction where  the case is filed.
(2)  Property listed in this paragraph is property that  is specified under subsection (d), unless the State law that is  applicable to the debtor under paragraph (3)(A) specifically does not so  authorize.
(3) Property listed in this paragraph is— (A)  subject to subsections (o) and (p),  any property that is exempt under Federal law, other than subsection (d)  of this section, or State or local law that is applicable on the date  of the filing of the petition to the place in which the debtor’s  domicile has been located for the 730 days immediately preceding the  date of the filing of the petition or if the debtor’s domicile has not  been located in a single State for such 730-day period, the place in  which the debtor’s domicile was located for 180 days immediately  preceding the 730-day period or for a longer portion of such 180-day  period than in any other place;
(B)  any interest in property in which the debtor had,  immediately before the commencement of the case, an interest as a tenant  by the entirety or joint tenant to the extent that such interest as a  tenant by the entirety or joint tenant is exempt from process under  applicable nonbankruptcy law; and
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(C)  retirement funds to the extent that those funds  are in a fund or account that is
exempt from taxation under section 401,  403, 408, 408A, 414, 457, or 501(a) of the Internal Revenue Code of 1986.
  If the effect of the  domiciliary requirement under subparagraph (A) is to render the debtor  ineligible for any exemption, the debtor may elect to exempt property  that is specified under subsection (d).
(4) For purposes of paragraph (3)(C) and subsection (d)(12), the following shall apply: (A)  If the retirement funds are in a retirement fund that has received a favorable determination under section 7805 of the Internal Revenue Code of 1986,  and that determination is in effect as of the date of the filing of the  petition in a case under this title, those funds shall be presumed to  be exempt from the estate.
(B)  If the retirement funds are in a retirement fund that has not received a  favorable determination under such section 7805, those funds are exempt  from the estate if the debtor demonstrates that— (i)  no prior determination to the contrary has been made by a court or the Internal Revenue Service; and
(ii) (I)  the retirement fund is in substantial compliance with the applicable requirements of the Internal Revenue Code of 1986; or
(II)  the retirement fund fails to be in substantial compliance with the applicable requirements of the Internal Revenue Code of 1986 and the debtor is not materially responsible for that failure.
(C)  A direct transfer of retirement funds from 1 fund  or account that is exempt from taxation under section 401, 403, 408,  408A, 414, 457, or 501(a) of the Internal Revenue Code of 1986, under section 401(a)(31) of the Internal Revenue Code of 1986,  or otherwise, shall not cease to qualify for exemption under paragraph  (3)(C) or subsection (d)(12) by reason of such direct transfer.
(D) (i)  Any distribution that qualifies as an eligible rollover distribution within the meaning of section 402(c) of the Internal Revenue Code of 1986  or that is described in clause (ii) shall not cease to qualify for  exemption under paragraph (3)(C) or subsection (d)(12) by reason of such  distribution.
(ii) A distribution described in this clause is an amount that— (I)  has been distributed from a fund or account that  is exempt from taxation under section 401, 403, 408, 408A, 414, 457, or  501(a) of the Internal Revenue Code of 1986; and

(II)  to the extent allowed by law, is deposited in such  a fund or account not later than 60 days after the distribution of such  amount. 

Monday, October 5, 2020

EXEMPTIONS - HACKENSACK BANKRUPTCY LAWYER (201) 646-3333

 

EXEMPTIONS HACKENSACK 

BANKRUPTCY LAWYER 

(201) 646-3333



Some property is protected, or exempt from your creditors' claims, and you get to keep it. When determining what is considered exempt, many states allow you to choose and use the state's definition of exempt or the list set out by federal law. Some states require you to use the state's list. Be sure to check your state's laws to find out what applies to your state

Exempt property can include these property types:


The 2005 reform laws also limit your options to move to another state to take advantage of more generous exemptions.

Most Chapter 7 cases are "no-assetcases, which means that you don't have nonexempt property for the trustee to sell and use to pay creditors. Your bankruptcy petition states whether your case is "asset" or "no-asset." If the trustee doesn't agree, he or she must show why the designation isn't correct.

Wednesday, August 5, 2020

MORE ABOUT EXEMPTIONS - BANKRUPTCY LAW OFFICE IN HACKENSACK

EXEMPTIONS ... 

CONTINUED ...


(C) A direct transfer of retirement funds from 1 fund or account that is exempt from taxation under section 401, 403, 408, 408A, 414, 457, or 501 (a) of the Internal Revenue Code of 1986, under section 401 ( a) (31) of the Internal Revenue Code of 1986, or otherwise, shall not cease to qualify for exemption under paragraph (3) (C) or subsection (d) (12) by reason of such direct transfer.


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(D)
  (i) Any distribution that qualifies as an eligible rollover distribution within the meaning of section 402 (c) of the Internal Revenue Code of 1986 or that is described in clause (ii) shall not cease to qualify for exemption under paragraph (3) ( C) or subsection (d) (12) by reason of such distribution.
(ii) A distribution described in this clause is an amount that—
    (I) has been distributed from a fund or account that is exempt from taxation under section 401, 403, 408, 408A, 414, 457, or 501 (a) of the Internal Revenue Code of 1986; and

    (II) to the extent allowed by law, is deposited in such a fund or account not later than 60 days after the distribution of such amount.


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(c) Unless the case is dismissed, property exempted under this section is not liable during or after the case for any debt of the debtor that arose, or that is determined under section 502 of this title as if such debt had arisen, before the commencement of the case, except
  (1) a debt of a kind specified in paragraph (1) or (5) of section 523 (a) (in which case, notwithstanding any provision of applicable nonbankruptcy law to the contrary, such property shall be liable for a debt of a kind specified in such paragraph);
  (2) a debt secured by a lien that is
   (A)
     (i) not avoided under subsection (f) or (g) of this section or under section 544, 545, 547, 548, 549, or 724 (a) of this title; and
     (ii) not void under section 506 (d) of this title; or
   (B) a tax lien, notice of which is properly filed;
   (3) a debt of a kind specified in section 523 (a) (4) or 523 (a) (6) of this title owed by an institution-affiliated party of an insured depository institution to a Federal depository institutions regulatory agency acting in its capacity as conservator, receiver, or liquidating agent for such institution; or

   (4) a debt in connection with fraud in the obtaining or providing of any scholarship, grant, loan, tuition, discount, award, or other financial assistance for purposes of financing an education at an institution of higher education (as that term is defined in section 101 of the Higher Education Act of 1965 (20 USC 1001)).


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