Recent Updates
April 28, 2010
State Must Prove Defendant's Knowledge of Driver's License Suspension
April 13, 2010
Sentencing Commission Votes to Eliminate Recent Criminal History Points
October 15, 2009
Consent to search inside of vehicle does not extend to locked containers
October 14, 2009
Making phone calls to get drugs for personal use not a felony
October 07, 2009
Duval County schools agree to reduce number of students getting arrested
Bankruptcy
This section of our blog updates issues dealing with bankruptcy in the Middle District of Florida (based in Jacksonvile, but includes Gainesville, Ocala, Daytona, and the surrounding area)??and nationwide.????Whether it involves filing a??Chapter 7 or Chapter 13,??keeping??one's house, getting a fresh start from credit card debt, being laid off from work, repossession of homes, vehicles, cars, or??how the means test applies to you, we??seek to provide information that current and potential clients find useful.?? ??
Lull in Foreclosures was just the eye of the Storm
July 16, 2009
News out today that lull from the foreclosure moratorium in the winter and spring has resulted in a flood of new foreclosure filings nationwide, as well as in Jacksonville. Our attorneys help save homes through providing foreclosure defense in Jacksonville, St. Augustine, Orange Park, and Fernandina. We do that in two ways: 1. Answering the foreclosure action with often power defenses, and 2. Filing Chapter 13 to save the home. To read more about the increases in foreclosure filings, click here.
Student loan debts ruled dischargeable in a Chapter 13 bankruptcy even without proof of undue hardship; and you may be entitled to reimbursement on payments made.
July 06, 2009
The court in Needelman v. Pa. Higher Educ. Assistance Agency, 399 B.R. 69 (S.D. Ca. 2009), recently affirmed that student loans are dischargeable under a Chapter 13 bankruptcy, and further held that a debtor may be entitled to reimbursement of any payments made after discharge. Student loan debts were previously dischargeable only after proof of undue hardship was made in an adversarial proceeding, a very heavy burden to meet. However, the Needelman court, following the Ninth Circuit holding in Espinosa v. United Student Aid Funds, Inc., 545 F.3d 1113 (9th Cir. 2008), ruled that student loans may be grouped with all other unsecured debt and discharged where the creditor fails to object after receiving proper notice. Payments made towards the student loan debt after the date of the Chapter 13 discharge were reimbursed to the debtor, sending an important and potentially valuable notice to anyone who has student loan debt.
It is critical to have proper guidance in handling complex matters such as bankruptcy. At Arnold & New we offer experienced counsel in many areas of law including bankruptcy, family, criminal, immigration and civil litigation all in one full-service firm. Contact us directly for a free consultation in regards to any legal question or issue you may have. Don't let rightfully entitled money slip away due to a lack of professional guidance, contact Arnold & New now.
One of the most important aspects of the filing of a bankruptcy claim is the timing of the claim.?? Many important rights can be gained or lost based on a proper timing of the claim.?? Contact the Arnold Law Firm's bankruptcy attorneys today to discuss your bankruptcy needs.??
