One question I’m often asked is whether someone loses the ability to get student loans if they file for bankruptcy. The short answer is, “No.”

Section 525(c)(1) of the Bankruptcy Code specifically states that a student loan, grant, guarantee or insurance cannot be denied to someone because they filed for bankruptcy.

I’ve had many clients who took out student loans out during and after filing for bankruptcy relief, and they didn’t run into any problems. The question of whether you can discharge your student loan in bankruptcy is another story.

I often get a call from a potential client asking whether they can file for bankruptcy just on their medical bills, and not include their credit cards or other debts.

The short answer is that they can file, but not just on their medical bills. The slight longer answer explains why.

Continue reading about filing for bankruptcy with medical bills on the Bankruptcy Law Network.

On May 5, 2007, Brett Weiss will be participating in the 2007 Bankruptcy Bar Association annual convention in Annapolis, Maryland. Following up on his 2006 participation on a panel discussing “Selected Issues in Consumer Bankruptcy Cases Under BAPCPA,” this year Mr. Weiss will be addressing “Means Testing and U.S. Trustee Audits” on a panel moderated by Bankruptcy Judge Robert G. Mayer, with fellow panelists Assistant United States Trustee Mark A. Neal and United States Trustee Trial Attorney Lynn A. Kohen.

02.17.2007. Brett Weiss was selected as a 2007 Super Lawyer for Maryland and the District of Columbia. The selection procedure includes peer nomination (with ballots mailed to 21,000 Maryland lawyers), and a blue ribbon panel review process. Less than 5% of lawyers in the state and District receive this honor.

Brett Weiss co-chairs and lectures at the Advanced Chapter 13 Workshop conducted by MICPEL (the Maryland Institute for Continuing Professional Education of Lawyers). The workshop, titled, “Fresh Information and Tips From the Top,” featured all four Maryland Chapter 13 Trustees, three of Maryland’s bankruptcy judges, and a distinguished panel of lecturers. Mr. Weiss, in addition to co-chairing the Workshop, presented, “Structuring the Chapter 13 Plan” with Bankruptcy Judge Wendelin Lipp and Chapter 13 Trustees Timothy Branigan and Ellen Cosby, and “Objecting to a Proof of Claim.” A copy of the Workshop Brochure may be downloaded by clicking on the above link.

Brett Weiss will be speaking on October 17, 2006, at the Montgomery County Bar Association Continuing Legal Education Lecture Series. Timed to coincide with the one year anniversary of the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act, the panel will review procedural changes, case law update, chapter 13 fee procedures and best practice under the new law.