TIRELLI TWO-CENTS: STUDENT LOAN DEBTS SHOULD BE DISCHARGABLE IN BANKRUTPTCY
Tirelli Law Group
Linda Tirelli, Esq.
Connecticut and New York's #1 Featured Federal Bankruptcy Litigation Attorney
• Over 26 Years of Experience
• Bankruptcy and Bankruptcy Litigation for all aspects of Chapters 7, 11, 11 Sub V, 12 and 13
• Successful Track Record handling simple and complex personal, small business, and corporate Bankruptcies, Appeals, and Federal Litigation Cases
• Creative Forensic Approach to Foreclosure Defense
• Negotiate, Litigate, and Resolve Student Loan Issues
• Fair Labor Standard Act ("FSLA") Claim Defense
Linda Tirellii, Esq.
Linda Tirelli, Esq., a National Leader in Consumer Bankruptcy & Foreclosure Defense, has been featured by:
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The Tirelli Law Group Approach and Practice
We Protect Consumers and Small Businesses
Filing for bankruptcy is a power move that puts you back in control of your finances and on your way to a fresh start. It can be challenging to attempt to file your own bankruptcy. You need a professional and well-trained experienced attorney who understands the complexity and sensitivity of your bankruptcy needs based on your own personal financial reorganization goals.
Personal bankruptcy may fall under one of four types - Chapter 7, Chapter 12, Chapter 13, and Chapter 11. Rules apply and each case is unique. The following is intended as a general guide. You should consult a lawyer before selecting a chapter.
Chapter 7 Bankruptcy:
The Chapter 7 bankruptcy, also known as "liquidation bankruptcy," wipes out your dischargeable debts providing you with a fresh start. Not all debtors will qualify to file a Chapter 7 bankruptcy case. Chapter 7 is designed for debtors who have minimal assets, low income, are not trying to save a house and who have been struggling to keep up with debt obligations and household expenses. Chapter 7 is not a repayment plan and careful analysis of assets and anticipated windfalls such as lawsuit proceeds, insurance payouts, inheritances, lottery winnings etc. must be conducted so as not to lose control over your assets and potential future assets to a Chapter 7 trustee. Leaving a Chapter 7 bankruptcy must be done through motion and court order after good cause is shown.
Chapter 13 Bankruptcy:
Chapter 13 bankruptcy, formally known as a "repayment plan" or "wage earner" bankruptcy, allows debtors to provide a repayment plan that details how they will pay back the arrears owed on certain debts over a three to five-year period while eliminating other debts with little or no repayment. Chapter 13 is like the "Hokie Pokey" in that a Debtor can put him or herself into a Chapter 13 and take themselves out of Chapter 13 without filing a motion. An experienced lawyer will guide you through the process and let you decide if-and-when the Chapter 13 case should end early or follow through to obtain a court ordered discharge at the end of the case.
A bankruptcy attorney can provide legal bankruptcy advice, prepare legal documents, and represent you in court. If you're thinking of filing for bankruptcy, you can contact the Tirelli Law Group for a free consultation for first time visitors. Bankruptcies are unique to the Debtor as individual financial needs and goals are like snowflakes and no two debtors are exactly alike. Tirelli Law Group does not take a "cookie cutter" approach and recognizes that strategies and plans need to match the unique needs and circumstances of the client.
Chapter 11 Bankruptcy:
Chapter 11 is a form of bankruptcy used to reset a debtor's financial picture by reorganizing a debtor's business affairs, debts, and assets, and for that reason is known as a "reorganization" bankruptcy. When successful, the Debtor emerges often leaner and under better financial control. While it is most often associated with large entities like American Airlines, Perdue Pharmaceutical, Sears or Lehman Brothers Holding Group, and businesses of any size from including a modest a partnership, "mom and pop" type business or restaurant, Chapter 11 is also available to individuals as well. Your experienced bankruptcy attorney will perform an analysis to recommend the chapter that is right for you.
Chapter 12 Bankruptcy:
Chapter 12 is designed for qualified "family farmers" or "family fishermen" with "regular annual income." It enables financially distressed family farmers and fishermen to propose and carry out a plan to repay all or part of their debts. The needs of family farmers and fishermen are treated uniquely under the bankruptcy code. Your bankruptcy lawyer will help determine if your family business qualifies whether it’s an apple orchard, a wine vineyard or oyster harvesting operation, your family operation might succeed under this chapter.
A Local Law Group with National Reach
Tirelli Law Group is a nationally recognized law firm that assists people through the bankruptcy process. Whether you have been victimized by a mortgage creditor in a wrongful foreclosure or if you fell on tough times due to lack of employment, business failure, job loss, medical issue, or loss of a spouse, you have the right to challenge any alleged debt, the standing of the party claiming the debt and defend your property on a fair and level playing field. Tirelli Law Group is backed by a nationwide network of highly experienced and well-trained attorneys who help people find meaningful relief from debt. Tirelli Law Group is a leader in Bankruptcy and Federal litigation for bankruptcy Chapters 7, 13, 11, 11 sub5, and 12. The Tirelli Law Group services debtors in Fairfield County, CT, the Southern District of NY from Ulster County to the tip of Manhattan, the Bronx, and the Eastern District of NY including Long Island, Queens, and Brooklyn NY.
Tirelli Law Group is available to discuss your options and help you find a strong financial ground if you are struggling with financial instability or debt. Call Today: (914)732-3222.
Linda Tirelli, Esq. of Tirelli Law Group, brings 26 years of experience to her practice. She has helped thousands of individuals challenging the largest financial institutions in our country including Wells Fargo, Citibank, Bank of America, Chase, Fannie Mae, Freddie Mac, etc. Linda Tirelli is experienced with the Real Estate Settlement Procedure Act (RESPA), Truth in Lending Act (TILA) and Dodd Frank Act claims brought on behalf of consumers.
No shrinking violet, Linda Tirelli also challenged the likes of the IRS and New York State and Connecticut Department of Taxation as well as challenging student loans with Navient and private lenders. She was referred to by one federal judge as "Ms. Missouri" for her persistent "Show Me" tactics to get to the bottom of false and misleading claims brought by industry behemoths against ordinary consumers.
Linda Tirelli is also experienced in defending business owners against claims brought under Fair Labor Standards Act (FLSA) which establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. Over the years many claims are brought under FSLA by unscrupulous attorneys based on exaggerated or falsified claims by employees and non-employees against small business owners. Many business owners have had to close their doors due to improper FSLA claims. Call Linda Tirelli to discuss your best defense.
Linda Tirelli is a clear go-to attorney for the media as well. She has a high press profile and has appeared on numerous national TV news outlets such as Fox, CNN, Reuters, CBS, ABC, NBC, Bloomberg, and in news publications such as The Wall Street Journal, New York Post, The Washington Post, Los Angeles Times, The New York Times, USA Today, The Miami Herald, and LoHud.com among numerous others where she has shared her experience and knowledge of the law as it applies to financial matters. Linda Tirelli fiercely confronts "David vs. Goliath" type battles as she defends consumers against industry behemoths - every single day.