http://www.nug-life.net/new-bankruptcy-laws-new-york/
new bankruptcy laws new york
Bankruptcy Attorney Brooklyn, New York. Long Island New York Bankruptcy Attorney
Can Dealer Services Corporation separate you from your car in a New York Minute?
How can a car lender avoid federal and state laws regarding car repossessions?
John Fuller, the CEO of DSC, states that dealers will no longer be “scrambling to jump through repossession hoops when customers don’t pay or file bankruptcy. DSC’s “Ren’T'Own” gives dealers full ownership rights until the vehicle is paid for. They can separate a delinquent “renter” from his beloved car in a New York minute–no sticky consumer-protection laws to slow things down.
Is this legal or ethical?
It is legal and ethical. And, who cares? Car companies deserve as much protection as consumers. I see it everyday. People quit paying on their car, think they get it for free, and think it is no big deal. I am the one writing off the losses for the finance company. The customer technically still owes, but rarely do they pay. Have you not noticed all the dealers losing their businesses and people losing jobs in return? Why should this happen because people make poor decisions? Why should I lose my paycheck because someone made poor decisions when spending their own?
PAY YOUR CAR NOTES AND YOU HAVE NOTHING TO WORRY ABOUT!
I am pleased to share with you a new resource for information about student loans as published by the National Law consumers. Their portal Borrower Assistance offers answers and solutions to borrowers of student loans but does not provide legal advice. This issue has also attracted the attention of Congress, recently held a review hearing on the matter.
Student Loans, generally are not dischargeable in bankruptcy, absent undue hardship. 11 USC Section 523 (a) (8) provides that the debtor must prove that the payment student debt will "impose an undue hardship on the debtor and the dependents of the debtor." Courts have interpreted this standard very restrictive, making it very difficult even for the most vulnerable to receive a discharge. A recent case, Booth v. U.S. Department of Education and al., 10 CBN 1093 (Bankr. ED Wash. 2009) found that debtors can prove undue hardship, even if their income any reimbursement program loans (ICRP) payments are zero. The Ninth Circuit Court asked in Craig v. Educational Credit Management Corp., 19 CBN 1039 (9th Cir. 2009), how the Court bankruptcy debtor's thought could pay their student loans.
The Court will apply a three-part test, known as the Brunner test to determine whether the exemption of all or part of a student debt of discharge will impose an "undue hardship" under  § 523 (a) (8); v. Brunner New York State Higher Educ. Servs. Corp., 831 F.2d 395, 396 (2d Cir. 1987). Under the Brunner test, a debtor must demonstrate:
(1) it can not maintain, based on income and expenses, a "minimal" standard of living for herself and her dependents if are obliged to repay loans;
(2) there are additional circumstances indicating that this state of affairs is likely to persist for a significant portion of the repayment period for student loans and
(3) that the debtor has made good faith efforts to repay loans.
In addition, the level of difficulty of procedure is a general deterrent for most lawyers because the debtor must request so that determination in bankruptcy and to prove his case.
The Law Office of Christine A. Wilton is a Federal Debt Relief Agency. We help people file for bankruptcy under the Bankruptcy Code. Our practice is limited to consumer bankruptcy, Chapter 13 and Chapter 7 bankruptcies and small business cases at this time.
One Comment
Dealer Services Corporation has been convicted of conversion of vehicles in several state trials.
The charges should have been Grand Theft Auto, however DSC counsel confuses local Police when they claim they are ruled by the Uniform Commercial Code.
DSC paid a $60,000 for unlicensed lending in California.
Founder David Michael Hockett was once listed as a director of DSC. However his son Scott Hockett was convicted of bank fraud and is niw in prison.
Mike Hockett, another son, was convicted in Virginia Federal Court for extortion of a local council who had not voted in favor of Hockett’s new aution. Mike Hockett hired a stripper to blackmail the elected oficial.