Central District Consumer Bankruptcy Attorney's Association

Can you rehabilitate student loans after civil litigation has commenced?
And if the loan contract states the loan is not dischargeable in BK pursuant
to 523 (a)(8), is that definitive? The loan was for living expenses while
attending community college.
Desiree Causey, Esq.
Law Office of Desiree Causey
7755 Center Avenue, Suite 1100
Huntington Beach, CA 92647
714-372-2225 (phone)
714-908-7646 (same fax number)
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are
protected by the Electronic Communications Privacy Act (18 USC
2510-2521), (b) may contain confidential and/or legally privileged
information, and (c) are for the sole use of the intended recipient named
above. If you have received this electronic message in error, please notify
the sender and delete the electronic message. Any disclosure, copying,
distribution, or use of the contents of the information received in error is
strictly prohibited.
Please consider the environment before printing this e-mail.

The post was migrated from Yahoo.

After the terrific seminar on Saturday, I managed to get my nieces student
loans on the path to being under control. She told her college roommate who
now lives in the Dallas, Texas area, who would like my assistance as well
(but she will actually pay me for this assistance). This raises an ethics
issue for me. Am I practicing without a license to assist an out of state
"client" for helping this Texan? Even though this is a federal matter?
I would appreciate your thoughts.
Desiree Causey, Esq.
Law Office of Desiree Causey
17011 Beach Blvd., Suite 900
Huntington Beach, CA 92647
causeylaw@gmail.com
714-375-6663
714-908-7646 (fax)

The post was migrated from Yahoo.

Dan Press is highly respected and well regarded. Here is his brief arguing
that student loans can be separately treated in a Chapter 13 case and paid
outside the plan.
I don't know that I agree with the analysis, but perhaps it is worth a try.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Sent: Thursday, December 17, 2009 7:02 AM
Subject: Re: Student Loan Question
Here's my brief (winning) on the issue. I did have to increase the plan
length from 52 to 60 months to satisfy the court on good faith.
Dan Press
Chung & Press, P.C.
6718 Whittier Ave. #200
McLean, VA 22101
703-734-3800
703-734-0590 fax
571-730-1955 direct
dpress@chung-press.com
Message
@page Section1 {size: 8.5in 11.0in; margin: 1.0in 1.25in 1.0in 1.25in; }
P.MsoNormal {
FONT-SIZE: 12pt; MARGIN: 0in 0in 0pt; FONT-FAMILY: "Times New Roman"
}
LI.MsoNormal {
FONT-SIZE: 12pt; MARGIN: 0in 0in 0pt; FONT-FAMILY: "Times New Roman"
}
DIV.MsoNormal {
FONT-SIZE: 12pt; MARGIN: 0in 0in 0pt; FONT-FAMILY: "Times New Roman"
}
A:link {
COLOR: blue; TEXT-DECORATION: underline
}
SPAN.MsoHyperlink {
COLOR: blue; TEXT-DECORATION: underline
}
A:visited {
COLOR: purple; TEXT-DECORATION: underline
}
SPAN.MsoHyperlinkFollowed {
COLOR: purple; TEXT-DECORATION: underline
}
P.pleadingboxtext {
FONT-SIZE: 9pt; MARGIN: 0in 0in 0pt; LINE-HEIGHT: 9pt; FONT-FAMILY: "Times New Roman"; TEXT-ALIGN: center
}
LI.pleadingboxtext {
FONT-SIZE: 9pt; MARGIN: 0in 0in 0pt; LINE-HEIGHT: 9pt; FONT-FAMILY: "Times New Roman"; TEXT-ALIGN: center
}
DIV.pleadingboxtext {
FONT-SIZE: 9pt; MARGIN: 0in 0in 0pt; LINE-HEIGHT: 9pt; FONT-FAMILY: "Times New Roman"; TEXT-ALIGN: center
}
SPAN.EmailStyle19 {
COLOR: windowtext; FONT-FAMILY: Arial; mso-style-type: personal-compose
}
DIV.Section1 {
page: Section1
}
OL {
MARGIN-BOTTOM: 0in
}
UL {
MARGIN-BOTTOM: 0in
}
Dan Press is highly
respected and well regarded. Here is his brief arguing that student loans
can be separately treated in a Chapter 13 case and paid outside the plan.

I don't know that I agree
with the analysis, but perhaps it is worth a try.


David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.