Law Offices of Daniel J Winter

Law Offices of Daniel J Winter Blogs

Latest from Law Offices of Daniel J Winter

Don’t Miss Out on Loan Forgiveness Opportunities At BankruptcyLawChicago, we keep you up to date on all of the latest ways for you to save money on your Student Loans,  and get them forgiven sooner! The Biden-Harris Administration has just announced an extension to the deadline for consolidating certain Federal Student Loans. If you’re a borrower, this is great news! You now have until June 30, 2024, to take advantage of the one-time account adjustment and ensure proper credit for progress toward loan forgiveness programs. What’s the Payment Count Adjustment? The payment count adjustment aims to address issues where borrowers
Continue Reading Deadline Extended: Consolidate Federal Student Loans by June 30th

What is next for Federal Student Loan Borrowers? Repayment is in full swing, and borrowers can get their loans under control and closer to forgiveness than ever before.  These plans apply to Federal loans for the student and parents. I am here to help with very affordable advice and help applying for income-based payment plans and forgiveness applications!  I have helped many borrowers get hundreds of thousands of dollars in student loans totally forgiven! Borrowers who don’t take control of their loans will see their credit score decrease, threats of collection lawsuits, and will not be able to move forward
Continue Reading How to Take Control of Your Federal Student Loans and Get Them Forgiven!

This is a question that comes up frequently in my practice.  A person owns a closely-held business, with one or two owners, usually a Husband and Wife.  They call, explaining that the business cannot pay its suppliers, lenders, landlords, lines of credit.  They ask “Can I just file Bankruptcy for the Business?  I don’t want to file for personal bankruptcy.” The thought is that the debts are just for the business anyway, and I shouldn’t have to file bankruptcy myself. That’s why I set up this fancy corporation or LLC!  Almost always, a bankruptcy for the Owner(s) is the best
Continue Reading Should the Small Business or the Owner File for Bankruptcy?

One of the most common questions that people have when they are considering filing for bankruptcy is whether they have to include all of their debts in their bankruptcy case. The answer is yes, you do. I do not know why almost every client that I see thinks that they can keep some debts out of the Bankruptcy.  It might be because people don’t know what “include in Bankruptcy” means.  When you file Bankruptcy, you have to provide the Court, on your Bankruptcy Petition, a list of every company or person you owe.  However, just because a debt is “included”
Continue Reading If I file for Bankruptcy Protection, Do I have to Include all of my Debts? Yes!

Lately, there have been very important developments in the world of Federal Student Loan Repayment Plans. This program was set to expire at the end of 2023, but it has been extended. The IDR Waiver, also known as the IDR Account Adjustment, is a significant development for federal student loan borrowers. Announced by the Biden administration, this one-time account adjustment aims to provide relief and streamline the forgiveness process. Go to if you or someone you know has Federal Student Loan. Let’s dive into the details of what it means for borrowers and how you can take advantage of
Continue Reading The IDR Waiver: A Game-Changer for Student Loan Forgiveness

The resumption of student loan payments has been a hot topic in recent months, as many borrowers felt the pressure of the impending restart of their financial obligations. For many, the COVID-19 pandemic brought financial uncertainty and relief in the form of temporary payment pauses. However, with the pause ending, borrowers have had to confront their student loan debt once again. This transitional period has been marked by both anxiety and hope, thanks to programs like those offered by Daniel J. Winter and StudentLoanLawChicago, and we have already helped many borrowers get back on track with their payment plans and
Continue Reading Empowering Borrowers: The First Month After the Student Loan Payments Resumed

For millions of Student Loan Borrowers, it’s been 3 years since they have been required to make payments on their Federal Student Loans.  Also, interest and collections were suspended.  The U.S. Supreme Court decision on the Biden Student Loan cancellation program is expected by the end of June. For students who graduated in 2020 or later, they have not had to pay these loans at all! In preparation for the end of the pause, the administration has promised some flexibilities when they get re-started paying their loans.   There will be more flexible ways to report a borrower’s income and
Continue Reading Federal Student Loan Pause is Ending-What Happens Next?

A new, disturbing trend is emerging today.  In 2022, the FBI reported that $10 Billion was lost to online fraud, according to CNN. It’s not just the usual types of fraud you think of, such as ransomware (where a fraudster takes over your computer and says you need to pay money to get control back) or fishing (where someone clicks on an email or text link and enters their user name and password), or where someone asks the user to get gift cards to help them out of trouble.  Or, the ever-popular tech support fraud, where the caller pretends to
Continue Reading Sophisticated Fraud Ensnares More Unsuspecting People

In order to Discharge a student loan in bankruptcy, the US Bankruptcy Code, Section 523 (a) (8) requires the Debtor to prove that repaying the loan(s) “would impose an undue hardship on the debtor and the debtor’s dependents”. Courts around the country have been left to interpret this statute. The recent history of student loan litigation in bankruptcy has relied on Bankruptcy Courts around the country using either the Bruner standard or the “totality of the circumstances” test. In order to discharge student loans, a Debtor has to file an Adversary Proceeding, which is a lawsuit within a Bankruptcy case.
Continue Reading Student Loans and Bankruptcy- New Guidance – Breakthrough or More of the Same?

On August 24, 2022, the President launched a new program to forgive up to $20,000.00 in Student Loan Relief to millions of Federal Student Loan Borrowers.  Here are some questions and answers about this program, what it will do, what it won’t do, and what to do next if you owe student loans. Who qualifies for Student Loan Relief? People who have Federal Student Loans, who make under $125,000.00 per year, or married couples who make less than $250,000.00. How do you know which loans are Federal Student loans?  You need to log in to check on the website
Continue Reading You Heard About the Student Loan Forgiveness Program-What Happens Next?

  I have been practicing law for over 30 years, almost all of them in Bankruptcy Court. Over this time, I have advised clients in a wide range of issues.  I have represented Debtors, Creditors, and Trustees. All parts of the system.   Over these years, I have worked with, for, and against attorneys in the bankruptcy system.  And, in many situations, I have encountered attorneys with little to no bankruptcy experience. And, I have been a resource for other attorneys, to help them and their clients. Bankruptcy is a very complicated area of practice, and, being a Federal proceeding,
Continue Reading Attorneys – I am Your Bankruptcy Resource!

Lately, many of my clients have been completing their Chapter 13 Bankruptcy Plans and getting Discharge Orders.  This is a HUGE accomplishment!  Chapter 13 is a 3 to 5 year Court-supervised plan where individuals pay their debt back in whole or in part. Creditors are paid through a Chapter 13 Trustee in a certain order based on the US Bankruptcy Code requirements. Why is the completion of a Chapter 13 case such a big deal?  An American Bankruptcy Study in 2019 of Chapter 13 Bankruptcy filings showed that only 40% of Bankruptcy cases were discharged (completed successfully).  And, when people
Continue Reading Successfully Completed Chapter 13 Bankruptcy Cases!

Just when you thought that old debt was dead, old Court Judgments can come back to haunt you!  Now that Courts in Illinois are up and running, debt collectors are looking for opportunities to get some “found money” from debts that are very old.  The debts are very old, but the creditor would have obtained a Judgment many years ago. Lately, many clients have come to see me with these “Zombies” of debts that have come alive! This old debt may even drop off someone’s credit report.  When people think of their debt, they typically figure that if they don’t
Continue Reading It’s Alive! Revival of Judgments in Illinois

During the first year of the new administration, Student Loans have been on the top of Congress’ and the White House’s minds.  Here is a summary of what has happened so far, and what might be next: The Pause on payments and interest is extended to May of 2022.   This pause, where borrowers don’t have to pay and interest doesn’t accrue on the loans was originally set to expire at the end of January.  We can guess that the extension of this “final” pause was due to the new Delta and Omicron Covid variants spread throughout the country.  Or, it
Continue Reading Student Loans- Will there Be Big Changes in 2022?

When most business owners think of Bankruptcy, they are thinking that is the option of last resort, when everything is going “down the tubes” so to speak.  But, in reality, Bankruptcy offers many ways to reorganize debts and save the business. The main way that Bankruptcy helps a small business is to “get the heat off” and allow a business or its owner to stop the collection lawsuits or deductions directly from its bank account, and allow it to survive, and then thrive again. These clients came to me 5 years ago:   They have owned a carry-out fish restaurant
Continue Reading Bankruptcy Success Stories- Saving the Family Restaurant and Home

The big Covid Financial news is that the US Centers for Disease Control (CDC)’s eviction moratorium ended on July 31st.  The CDC moratorium became a safety net for many, and overrode many state laws.  If you are a renter, and you are behind in your rent, what will happen now? Depending on the state you live in, evictions may start as soon as August 2nd.  In Illinois, the eviction ban will last another month, until August 31st.  If you are behind in your rent, now is the time to be sure you have worked out your problems directly with your
Continue Reading Evictions, Foreclosures and Covid, Oh My!