Category: Uncategorized

Student Loan Bankruptcy Discharge May Now Be Possible

Discharging student loans in bankruptcy has been nearly impossible since the 1990s. Anyone attempting to meet the “undue hardship” the law requires ran into the wall of the Department of Justice attorneys and nearly always got shot down..

However, President Biden recently ordered the Justice Department to not fight so hard. You still have to show an “undue hardship”, but if your situation is considered bad enough, the Department of Justice now may not fight it. This only applies to Federal Student Loans, not private loans, but is is a big step in the right direction.

The Department of Justice has provided a form to help you make your argument. I am providing a downloadable copy here to help you prepare your argument, if you need it. Just click on the link here and you can download it. Student Loan Discharge Guidance Form

There is also an excellent documentary to help you understand how this problem came about, and who was responsible. It is called “Loan Wolves” and is available on Peacock. Here is a link to the program: Loan Wolves Documentary

My name is Timothy C Springer. I am a Fresno Bankruptcy Attorney with over 22 years of experience with bankruptcy issues. I service clients in the following counties: Fresno, Kings, Tulare, Merced, Madera, and Mariposa. If you live in any of these counties you would have to file your case in the Federal Court located in Fresno.

While it is still not easy to get rid of student loans in bankruptcy, this development at least gives us a good faith argument that we can make to the court. This is much better than what we had just a few weeks ago.

If you have other general questions about bankruptcy, you can click on this link “Common Bankruptcy Questions” and it will take you to a list of questions and answers explaining bankruptcy in detail. Or you can call for a free consultation to explore your options at:

Timothy Springer
(559) 225-3622

Bankruptcy filings are expected to increase as a result of Covid-19.

Small businesses are suffering as a result of nation wide shutdowns. Bloomberg Law published an excellent article comparing our current situation to the crash of 2008. It is further predicting Bankruptcy filings are expected to increase as a result of Covid-19. You can find this article here:

Bloomberg Law Article

If you are experiencing financial difficulty because of all the Covid-19 problems, give us a call and we can explore your options for relief. Or, if you have more questions, click the link for answers: Common Bankruptcy Questions

Timothy C. Springer, Bankruptcy Attorney in Fresno, California


Data Check of America Scam Warning

Data Check of America Scam Warning

There is a relatively new collection scam circulating, and I want to make the public aware of it. My office has been contacted by four former clients who have received the same collection call from a “Data Check of America”.

According to my clients, they received a call from this company, and were told that they had bounced a check at a Me & Eds Pizza in 2004. They were told that it needed to be paid or Data Check would execute a wage garnishment. (All the calls reference a bounced “Pizza” check.) I reached out to Me and Ed’s Corporate office and was told they know nothing about these collections, and have not authorized these collection efforts.

The scam artists are “spoofing” phone numbers, so the number showing on your caller ID is likely not correct. Examples of the “spoofed” numbers my clients received calls from are:

and 707-205-1628

The number that is left as a call back number in the recording is 866-298-3402, but when I tried to call that one, it went to a voicemail that was full.

I called 404-400-3654, (one of the numbers left) and got a live person. She answered the phone “Legal Department” and I told her that implied there was an attorney there. I asked for the name of that attorney, and said that I would like to speak with them. She did confirm that the company was “Data Check of America”. She said she would transfer me to a supervisor, and I was sent to a voicemail. I left a message, but no call was returned. When I called back and once again asked for the attorney’s name she said it was “Larry” but would not give me a last name, or where he was licensed to practice. She refused to give any information on where the company was located. I could hear a lot of phone activity in the background. It was obviously a phone “Boiler room”. When I pressed them for information on the company “Data Check of America”, they hung up on me. When I called back, the call went to a voicemail box that was full.

If you receive a call from “Data Check of America” saying you bounced a check, I would consider it a scam. You can, (and should) report these calls to the Federal Trade Commission here: FTC Complaint Site

It is my opinion that under NO circumstances should you send these people money.

Posted as public service by Timothy Springer, Bankruptcy Attorney, Fresno, CA

Have Home Equity? Need bankruptcy? BEWARE!!

House prices are going back up. While this is good news for our economy, it can be a very real problem if you own a home, have home equity, and need to file for bankruptcy. It always makes me sad to see someone that has filed a bankruptcy on their own, without a full understanding of what they are getting into. If there is going to be a problem, you want to know BEFORE you file. It is not fun to find out when you go to the court that you are going to lose your home, or your cars, or your tax return because you did not fully understand the process, and thought you could save money doing it yourself.

I have said it often, and will say it again now. GET ADVICE FROM A COMPETENT AND EXPERIENCED BANKRUPTCY ATTORNEY BEFORE YOU FILE. It may be impossible to find an attorney that can fix the mess you made AFTER you have already filed. Get the help BEFORE you file.

Good Luck.
Timothy Springer, Esq.
Bankruptcy Attorney

60 Minutes Reported: There are 40 million mistakes on credit reports

60 Minutes reporter, Steve Kroft gave an excellent report on how the average consumer is being damaged by credit reporting agencies. To see the report click here:

40 Million Mistakes on Credit Reports

My office I receives a considerable amount of inquiries about problems on credit reports. This report does an excellent job of answering many questions, and gives further information to follow up on.

Jim Patterson, Assemblyman voted NO to helping struggling homeowners

The Office of Jim Patterson, Assemblyman voted NO on a SB-308. This bill was submitted to adjust for inflation, and help people stay in their homes, or at the very least give them a better chance to get another home. It would have also helped them keep their cars.

The bill would have also fixed a long standing problem of allowing someone who is, or has been separated from their spouse to protect their vehicles. Currently they often cannot unless they can get that separated spouse to sign a waiver. Many times they cannot even find that spouse, or have restraining orders against them. The new change would have not required them to contact that separated spouse.

There were many other advantages in this bill to help struggling people, but apparently Jim Patterson believed only banks and credit card companies should benefit from the laws.

Why am I picking on Jim Patterson? Because, I live in his district and (I am ashamed to say) he is my representative. Jim Patterson can be contacted at his web site. If you agree he should be representing us, and not the banks, LET HIM KNOW.

We need a representative that represents US. Please join me in voting against Jim Patterson in the next election.

Interesting Bankruptcy Articles From Harvard Law School

If you are a normal person, trying to read up on what bankruptcy is, THIS POST IS NOT FOR YOU. For basic information on bankruptcy Click Here for Common Question and Answers As a bankruptcy professional myself, I find these articles from Harvard Law School interesting, and am posting this link for like minded professionals. You are welcome to follow the link, but I believe the average person will find these articles about as interesting as reading a railroad time table. However, if you are a bankruptcy professional you may find this link interesting. Simply click on the link below.

Interesting Bankruptcy Articles From Harvard Law School

Beware of Collection Scam by Richard Campbell of legal consultant services

There seems to be a new phone scam. (I say “new” but other complaints imply they have been around awhile) One of my Chapter 7 clients filed and received a discharge of all debts, including one to Ace Cash Express. She has received several phone calls from a Richard Campbell of Legal Consultant Services. The return phone number was 678-212-5481. (look here: for other complaints.) Although she informed him she had filed bankruptcy, he told her (falsely) bankruptcy did not apply to this debt, and the police would be coming after her, and she was going to be served with a summons. None of these threats were true, or followed through on.

I contacted Ace Cash Express and their legal department assured me that they have never heard of these people, they are NOT collecting for Ace, and Ace sold the debt to Midwest Recovery Fund, LLC. As of this writing I have not been able to get a live person at Midwest, so can’t say how, or if they are involved. I will update this when I have more information.

For now, if you receive a call from a Richard Campbell of Legal Consultant Services I would consider it a scam. You can report these calls to the federal Trade Commission here: FTC Complaint Site

If you received a discharge of the debt in bankruptcy you should contact your attorney to go after them, as I have done here for my client.

Posted by Timothy Springer, Bankruptcy Attorney, Fresno, CA

Student Loans. Elizabeth Warren goes after banks

I, Timothy Springer, get a fair amount questions regarding what can be done about student loans. Former Harvard Professor, Elizabeth Warren, (Now a US Senator) is attempting to do something about it. But the short answer currently is “not much” can be done. Student loans have now bypassed credit card debt in this country. On July 31, 2014 Elizabeth Warren, in a Senate committee meeting, took on one of the bank’s representatives. It is worth a look to understand the problem we are up against. Just click on this link Elizabeth Warren on student loans and watch to get an idea. Then call your representative congress, or send them an email and tell them you support Ms. Warren in her efforts to get relief from student loans through bankruptcy.

When your done, Click Here to return to the home page



Can a California EDD garnishment be stopped? In many cases YES, and sometimes get the EDD garnishment back!

California EDD was garnishing wages for a prior overpayment in one of my recent cases. Not only was I able to stop the garnishment with Chapter 7,  I was able to get the EDD garnishment back for the client.

The process went like this:

  • The client was served with an Earnings Withholding Order, and EDD began taking 25% of her paycheck for an alleged overpayment. She could not afford this, so we filed Chapter 7 for her, and stopped the garnishment. The Debt was Discharged in July, 2013.
  •  As part of the case, my office then filed a lawsuit against EDD demanding they return the $830.76. The California Employment Development Department apparently chose to ignore the lawsuit, and a Default Judgment was entered against them on November 27, 2013. (Click here: (EDD Judgment Signed)  to see a copy of the Judgment. I removed the client’s name for privacy purposes.)
  • I then had the Court issue a Writ, and had the U.S. Marshal serve the Fresno County Sheriff to intercept against funds being garnished for EDD to pay the Judgment. We were able to get the EDD garnishment back, plus costs last week.
  • For some reason many bankruptcy attorneys stop at just filing the case. I guess their clients are simply happy just to get the EDD garnishment stopped. However, here at the Law Office of Timothy C. Springer, if the facts warrant it, we don’t stop there. If it is possible to get money back, we go after it. Our goal is to make sure you come out the best you possibly can.

For other examples of garnishments recovered by Attorney Timothy Springer, Click Here. You should consider Timothy Springer as YOUR Fresno Bankruptcy Attorney.

If creditors are after you, and garnishing your wages, call The Law Office of Timothy Springer today so we can explore your options to get your hard earned money back.

Timothy C. Springer, Attorney at Law

(559) 225-3622