Kovacs Law Office
News letter
August 10, 2011
Law Office of Robert W Kovacs, Jr.
172 Shrewsbury Street
Worcester, Massachusetts 01604
 (508) 926 - 8833
Greetings!

 

Welcome to our e-newsletter!

I hope that you are having a happy and healthy summer.  

Please visit our web site, www.RKovacsLaw.com and checkout our new bankruptcy video.

Please feel free to share this and future newsletters with your others. If you would prefer not to receive this e-newsletters in the future please click the link at the bottom of the page. I welcome any comments or suggestions for future newsletters.

 

 

Thank you for taking the time to read our newsletter.

 

Sincerely,

Robert Kovacs

 

Law Office of Robert W Kovacs, Jr.

 

 

When Can I Stop Paying Credit Cards? 

 

  

 

 

 Many of my Massachusetts bankruptcy clients ask, "When can I stop paying on my credit cards?" The answer seems obvious: "immediately." If you are filing bankruptcy and discharging your credit card debt, you are throwing money away by continuing to pay the monthly bill.

 

But hold on! There are good reasons to consider the consequences before stopping your credit card payments.

 

First, when will you file your bankruptcy case? Your first step is to work with your attorney to determine the actual date you will file. When a client is filing bankruptcy within 30 days, there are very few repercussions to consider. However, not every bankruptcy client can or should file their case immediately. Some clients may need to wait in order to qualify for Chapter 7 or lower their plan payments in a Chapter 13. Other clients may need to postpone filing to eliminate a potential preference payment issue. Every case is different.

 

Second, once you miss a payment you can expect collection calls. The creditor may call your home, your cell phone, or even your work phone to discuss your delinquency. These calls are at best an annoyance, and often cause additional stress. Credit card bill collectors know that the more uncomfortable you are, the greater the likelihood that you will pay them. Fortunately, once your bankruptcy case is filed, the telephone calls will stop.

 

Third, missed credit card payments will damage your credit. While your bankruptcy case will substantially harm your credit, missed payments additionally harm your score making it more difficult to improve your credit after bankruptcy. Some Massachusetts bankruptcy attorneys recommend that their clients can stop credit card payments for six months or longer - until the client is facing a legal judgment. While the bankruptcy stops any lawsuit or collection action, and discharges the credit card debt, the bankruptcy will not erase the history of non-payment.

 

Finally, a few clients will decide to not file bankruptcy. Massachusetts bankruptcy clients who stop making credit card payments and later change their minds about bankruptcy are left with late payments, fees, default interest rates, and collection harassment. Be sure you are filing before you stop credit card payments!

 

Here is the best answer to our question: Law Office of Robert W. Kovacs, Jr. toll-free at (877) 315-2641 before making the decision to stop paying your credit cards. I will review your finances and uncover any problems that may delay your bankruptcy filing. In many cases the client is able to stop paying credit cards immediately and the case is filed quickly without any negative consequences to the client. However, every case is different and your case deserves the careful attention of a qualified professional.

 

 

 Can Bankruptcy Discharge Student Loans?

 

  Discharging student loans through the Massachusetts bankruptcy court is extremely difficulty. Since 1978 Congress has increased restrictions on bankruptcy debtors seeking to discharge student loan debt. Today, nearly all student loans are dischargeable only if the debtor can prove that repaying the debt would impose an "undue hardship" on the debtor and his dependents. This standard applies to both federal student loans and private student loans, although a bill was recently introduced in Congress aimed at making it easier to discharge private student loans.

 

While student loans nearly always impose a hardship on a bankrupt debtor, the bankruptcy courts have interpreted the "undue hardship" standard to be an exceptionally high bar. First, the debtor must file an adversary action and have a hearing to determine whether repayment of the debt would constitute an undue hardship. At that hearing the debtor must show that: 1) the debtor cannot maintain a minimal standard of living and also repay the loan; 2) the debtor's financial inability to repay the loan is likely to continue for a significant portion of the loan's repayment period; and 3) the debtor has made a good faith effort to repay the loan. In one particularly harsh case out of Ohio, a bankruptcy judge told a blind debtor receiving $811 each month in social security disability that, "It remains to be seen . . . whether [the debtor] will find work or remain unemployed." Wallace v. Educational Credit Management Corp., 2010 WL 5764771 (Bky.S.D. Ohio Dec. 1, 2010).

 

 

Even when bankruptcy cannot discharge or otherwise eliminate your student loans, it can provide some temporary relief to Worcester residents. The automatic stay stops all collection action during the bankruptcy case and a Chapter 13 bankruptcy case provides an opportunity to make payments under court supervision. After the bankruptcy case is concluded, non-bankruptcy options are available including deferment, forbearance, loan forgiveness, and income contingent repayment plans. If you are experiencing financial difficulty and have student loans, call the Law Office of Robert W. Kovacs, Jr. toll-free at (877) 315-2641 and discover your options from an experienced Massachusetts bankruptcy attorney.

 

 

About Our Law Firm

The Law Office of Robert W. Kovacs, Jr. is dedicated to helping individuals through overwhelming debt within the bankruptcy court.

If you have any questions please do not hesitate to contact us via e-mail or telephone.

You may also book an appointment on-line by clicking the here. 

 

Please visit our web site, www.RKovacsLaw.com, while there visit our bog were you can find these and many other articles.

  

Law Office of Robert W Kovacs, Jr.
172 Shrewsbury Street
Worcester, Massachusetts 01604
Telephone: 508-926-8833

E-mail: Robert@RKovacsLaw.com 

Website: www.RKovacsLaw.com

 

The Law Office of Robert W. Kovacs, Jr. is a debt relief agency; helping people file for bankruptcy relief under the Bankruptcy Code. 

In This Issue
When Can I Stop Paying Credit Cards?
Can Bankruptcy Discharge Student Loans?
Attorney Spotlight
me

Attorney Kovacs

Attorney Kovacs concentrated his legal studies in Business Transaction while attending The Thomas M. Cooley Law School.