McMillan Law Group
RESULTS DRIVEN PREEMINENT LEGAL ADVOCATES HANDLING CONTENTIOUS LITIGATION IN STATE AND FEDERAL COURT, AND PROVIDING BOTH DEBTOR AND CREDITOR REPRESENTATION IN FEDERAL BANKRUPTCY COURT.
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August 2013 Archives

Can Student Loans Be Discharged in Bankruptcy?

Legal Standard for California
Government guaranteed student loans cannot be discharged in bankruptcy unless, "excepting such debt from discharge ... will impose an undue hardship on the debtor and the debtor's dependents." 11 U.S.C. § 523 (West) (emphasis added). Undue hardship is determined using the Brunner three-part test. In re Pena, 155 F.3d 1108, 1114 (9th Cir. 1998); Brunner v. New York State Higher Educ. Services Corp., 831 F.2d 395 (2d Cir. 1987). The debtor must establish (1) that the debtor cannot maintain, based on current income and expenses, a minimal standard of living for himself or herself and dependents if forced to repay the loans; (2) that additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period of the student loans; and (3) that the debtor has made good-faith efforts to repay the loans, which may involve an inquiry into the debtor's efforts to maximize income and to minimize expenses. Id. at 1111.

Uncovering the Cover Up: Shedding Light on Seller Concealment

Purchasing a home can be one of the most exciting and most stressful events in your life. Many home buyers are disadvantaged in the transactional process because they simply do not buy many houses in their lifetime. There have been many cases of buyers moving into their home and finding major defects even after hiring the best inspectors and conducting their due diligence. The McMillan Law Group is highly experienced in representing buyers of real property during and after the close of escrow.

Creditor Rights in Bankruptcy

A major part of a successful business is collecting on your accounts and debts. Creditors do not have to give up upon discovering a bankruptcy petition was filed by a debtor. The ultimate goal is full collection from your debtor, and there are many factors involved to make sure you get the greatest payment. However, most of your rights are contingent on acting fast. The McMillan Law Group can quickly determine what will be necessary to preserve your debt owed by a debtor.

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McMillan Law Group
2751 Roosevelt Rd. Suite 204
San Diego, CA 92106

Phone: 619-880-4371
Fax: 619-241-8291
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