Lewisville TX Attorney Blog

Education Department Wants to Review Federal Student Loan Bankruptcy Rules

The Department of Education has said it wants to review how federal student loans are discharged in bankruptcy. Student loans are currently very difficult to discharge in bankruptcy due to the “undue hardship” requirement. Unlike other forms of debt in bankruptcy, you must first demonstrate that repaying your student loans would make you unable to maintain a minimal standard of living (undue hardship) to receive a discharge. However, Congress never determined what constitutes undue hardship, so it is up to courts to make this determination for each individual bankruptcy case. The Department of Education is seeking public comment on how undue hardship should be evaluated. Bankruptcy courts currently use one of two tests to determine undue hardship. Depending on the court, the Brunner test or the totality of circumstances test may be used. If the borrower successfully demonstrates undue hardship, the loans are discharged like other debts. There are a…
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Can I Get an Expungement in Texas?

An arrest record or criminal conviction can make your life more difficult in several ways. You may have a harder time finding certain jobs. Some apartment complexes may refuse to offer you a lease. However, there are circumstances where you could have your record expunged. This is a process where your arrest or conviction is removed from the public record. Not everyone can receive an expungement in Texas. You may be eligible if: Criminal charges were not filed against you. Your criminal charges were dismissed. You were convicted as a minor for certain alcohol-related offenses. Your criminal charge resulted in a not guilty verdict. You were convicted but later acquitted by the trial court or Criminal Court of Appeals. There are other criteria that may be considered while seeking an expungement. If you are eligible, there are multiple benefits to seeking an expungement. For instance, you may have access to…
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Is There More Than One Type of Divorce in Texas?

Divorce can be a confusing and frightening prospect for many married couples who want to split. There may be confusion over how divorce works in Texas and which options for divorce may be available. Some options for divorce in Texas have been mentioned in recent blog posts. However, there are multiple types of divorces in Texas that you may not know about. The different types of divorces in Texas may include but are not limited to: Mediation. We have talked about mediation (a mediated divorce) on many recent blogs. The reason why our blog discusses mediation so often is because it is an excellent divorce option for some people. If you are willing to cooperate with your spouse and use a mediator to create your divorce terms, then the divorce process may be much less stressful. Mediation is also an out-of-court divorce option, which can make it less expensive and…
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