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Author Archives: Michael J. Berger

Bankruptcy Myths

When you are stuck in a bind and unable to pay your creditors, filing for bankruptcy can provide a fresh financial start. However, how much of your debt actually disappears?  How much time does it take before you are eligible to apply for another credit card? While filing for bankruptcy is more common today that […]

Do I Have to Close the Doors of My Small Los Angeles Business After Filing for Bankruptcy?

Issues ranging from reduced sales to increasing regulation have caused many business owners to wonder if they can continue operations. Your decision to close your doors largely depends on your ability to repay outstanding debt and the likelihood of returning to a profitable state in the future. You can use bankruptcy either to close your […]

Bankruptcy Process: The Meeting of the Creditors

Once you file your personal bankruptcy petition under Chapter 7 or Chapter 13, the Bankruptcy Court assigns a trustee who has a duty to oversee the management of your case. In addition to making a thorough review of your petition and various schedules you filed, the trustee must gather information about your financial affairs. This […]

KeyBank Update

Friday, May 10, 2013 Proposed California Class Action for Former Silver State Helicopters Students Shot Down On April 11, 2013 the United States Court of Appeals for the Ninth Circuit published its Opinion in a proposed class action case against KeyBank National Association, Key Education Resources, and Great Lakes Education Loan Services, Inc. This case […]

KeyBank Update

Of the 3 major lenders that made tuition loans to students to attend Silver State Helicopters Flight Schools, KeyBank has been the most difficult to deal with. On the plus side, I have settled some claims for individual former SSH students with low flight hours at a large discount and none of my KeyBank loan […]

2011 1099-C Cancellation of Debt Forms Sent By American Education Services to Former Student Loan Xpress Borrowers Who Attended Silver State Helicopters Flight Schools

American Education Services (“AES”), the loan servicing agent for Student Loan Xpress, has sent out 1099-C Cancellation of Debt forms to many of my clients who obtained loans from Student Loan Xpress to attend Silver State Helicopters flight schools. Here is information that can help you deal with this 1099-C issue, and perhaps avoid liability […]

No Money Down Chapter 13

Today I decided to become the first and only certified specialist bankruptcy lawyer in Los Angeles County to offer a no money down Chapter 13 plan for qualified wage earners. Up until today, I typically charged my Chapter 13 clients $2,000.00 down. Now, with my new no money down plan, any regular wage earner in […]

SSH Student Update

Students with loans with Student Loan Express I have been receiving many phones calls, emails and letters inquiring about the letters that former SSH students that have Student Loan Xpress loans been receiving from AES regarding final settlement. These letters are confusing because they contradict prior letters from AES. The operative letter is the letter […]

What Is New for Former Students of Silver State Helicopters?

Our office received numerous phone calls and e-mails regarding an “Order Scheduling Settlement Conference” for May 10, 2011 in the Silver State Helicopters, LLC bankruptcy case that was mailed out by the Court to creditors. This Order does not apply to former SSH students and it does not affect them. It relates to a dispute […]

Comments on the Dischargeability of Student Loans in Bankruptcy

1. Overview The Bankruptcy Code provides that student loans are not discharged in any bankruptcy proceeding unless “excepting such debt from discharge would impose an undue hardship on the debtor.” Section 523(a)(8). The test – undue hardship – is very difficult to meet. It is the debtor’s burden to prove the undue hardship at trial. […]

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