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Discharging school loans in bankruptcy

Posted by Madeline M. McIntosh | Oct 05, 2020 | 0 Comments

The Bankruptcy Code excepts from discharge "an obligation to repay funds received as an educational benefit," unless doing so imposes undue hardship on the debtors and their dependents. 11 U.S.C. § 523(a)(8)(A)(ii). What is an undue hardship? How is that “imposed” on the debtors and dependents? ...

What does a Bankruptcy Trustee do?

Posted by Madeline M. McIntosh | Sep 16, 2020 | 0 Comments

Filing Bankruptcy is a common practice. The Trustee isn't going to make you sit down, shine a light in your face, and demand to know why you're filing Bankruptcy. Life has unexpected pitfalls like a job loss, medical bills, related losses, and now especially with the effects of COVID failed bus...

When debts are not dischargeable in Bankruptcy

Posted by Madeline M. McIntosh | Aug 11, 2020 | 0 Comments

When you file bankruptcy you want to know which debts are dischargeable and it's a fundamental part of the process. But some debts are inherently not dischargeable. When debts arise out of misappropriation of funds from your employer, outright fraud, and for personal use, obviously these are not ...

Considering Filing Bankruptcy

Posted by Madeline M. McIntosh | Aug 08, 2020 | 0 Comments

If your bankruptcy is in progress or you are considering filing bankruptcy soon, you are probably concerned about how the coronavirus pandemic could affect your case. Here are answers to common questions about the impact of the pandemic on bankruptcy. The coronavirus pandemic is creating challeng...

I filed bankruptcy and now I need a new car...

Posted by Madeline M. McIntosh | Jul 21, 2020 | 0 Comments

Murphy's Law: you've filed bankruptcy and your car repairs exceed the car's value. You need a new car. Now you're wondering about getting a car loan because you've filed bankruptcy. Here's the “it depends” answer based on whether you've filed Chapter 7 or Chapter 13 and if you're working with a b...

CARES ACT - COVID-19 Mortgage Payments & Rent

Posted by Madeline M. McIntosh | May 18, 2020 | 0 Comments

During the pandemic, it has been estimated, per the Department of Labor, that 3 million households have filed for unemployment. You should not have to worry about losing your home during this COVID-19 crisis. The CARES Act anticipated this slowdown in the workforce and included mortgage relief pr...

Texas Bankruptcy Exemptions

Posted by Madeline M. McIntosh | May 14, 2020 | 0 Comments

As promised, here is the information on Texas exemptions when you're filing Bankruptcy. You have a choice of exemptions when filing. You can file according to the federal exemptions or according to Texas. Texas is debtor friendly and rather generous with exemptions. The read to follow is worth yo...

Introduction to Bankruptcy Terminology

Posted by Madeline M. McIntosh | May 13, 2020 | 0 Comments

It's always helpful to know what terms are involved when you are seeking legal help. Bankruptcy is its own area with its own court, much like how Immigration has its own court, so does the Probate realm and my other love Social Security and Disability law. So though this list is not exhaustive, i...

Intellectual Disorders (ID)

Posted by Madeline M. McIntosh | May 07, 2020 | 0 Comments

Intellectual Disorders usually arise before the age of twenty-two and last for a lifetime. This disability interferes with normal speech and communication. Issues with movement and walking are persistent. Learning is extremely challenging in some cases. There are also the problems faced with pers...

Medical evidence and your disability evaluation

Posted by Madeline M. McIntosh | May 05, 2020 | 0 Comments

What are your symptoms? How severe are they? Are you in pain? Do you experience shortness of breath? Are you not able to walk due to joint pain? What about neurocognitive issues? This is all medical evidence that is the foundation of your disability determination when apply for disability benefit...

Trial Work Period 

Posted by Madeline M. McIntosh | May 04, 2020 | 0 Comments

If you are deemed disabled and receive benefits every month and would like to test your ability to work again, you may try a “trial work period.” This period of time will still maintain your disability, unless you work for a period of nine months. If you can work for nine months, even non-consecu...

How Social Security defines Blindness

Posted by Madeline M. McIntosh | May 02, 2020 | 0 Comments

Social Security has its own definition of blindness.  You will be considered blind if your distance vision is less than or equal to 20/200, in the better eye with the use of corrective lenses. Or, if, in your better eye the widest diameter of your visual field subtends at an angle more than 20 d...

Continuing Disability Review

Posted by Madeline M. McIntosh | Apr 29, 2020 | 0 Comments

A Continuing Disability Review, is something the Social Security Administration conducts to determine if you still have a disabling condition. If they should decide that you no longer have a disabling condition, your benefits with terminate. By law, the Administration must perform a medical Cont...

The Appeals Process - U.S. Federal District Court

Posted by Madeline M. McIntosh | Apr 28, 2020 | 0 Comments

So, you've gone through the whole Appeals process, except for the last step, U.S. Federal District Court. This is a civil court and there is a filing fee. When your letter comes in the mail notifying you that your claim has been denied, you have 60 days from 5 days of the date on the letter. The...

The Appeals Process - Appeals Council

Posted by Madeline M. McIntosh | Apr 27, 2020 | 0 Comments

Once the Administrative Law Judge has rendered an opinion on your case and you disagree, you should appeal. The next phase is to appeal, in writing, online, to the Appeals Council. We can certainly help you complete this form, though it must be asked for within 60 days of your letter from the Adm...

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If you have any questions about any aspect of your disability claim, a denial or filing Bankruptcy, contact the Law Firm of Madeline M. McIntosh today at 469-678-7274 or [email protected].

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