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    • Home
    • The Draft List
    • Bar Bites
    • On the Rocks
    • Straight Up
    • House Specials
    • Happy Hour Hacks
    • Taproom Talk
    • Pour Decisions
    • The Tab
    • Refills & Recaps
    • Legal Mixology
    • Trust Fund Tavern
    • Ask the Bartender
    • Meet the Baristas
    • Contact

  • Home
  • The Draft List
  • Bar Bites
  • On the Rocks
  • Straight Up
  • House Specials
  • Happy Hour Hacks
  • Taproom Talk
  • Pour Decisions
  • The Tab
  • Refills & Recaps
  • Legal Mixology
  • Trust Fund Tavern
  • Ask the Bartender
  • Meet the Baristas
  • Contact
Illustration of a martini glass with text 'House Specials: Spotlight posts worth savoring'.

⭐ This is top shelf.

House Specials showcases our boldest takes and biggest wins, diving deep into consumer rights and featuring guest pours from fellow champions of consumer advocacy. Come thirsty and ready to explore!

Bankruptcy and Buy Now, Pay Later

What Happens to Klarna, Affirm, and Afterpay Debt?

 “Buy Now, Pay Later” (BNPL) services like Klarna, Affirm, and Afterpay have exploded in popularity. They promise instant approvals, interest-free payments,and a quick way to take home what you want without a credit card. But what happens if your financial situation takes a turn and you need to file for bankruptcy? Surprisingly, many consumers don’t realize that BNPL obligations are treated much like traditional unsecured debt—meaning they can potentially be discharged in bankruptcy, just like a credit card or personal loan.

What is Buy Now, Pay Later Debt?

BNPL apps let you split a purchase into smaller installments, usually without interest (as long as you pay on time). But behind the convenience, these transactions create a legal obligation to pay—often structured as a short-term loan. For Example: You buy a $600 laptop through Klarna in four payments of $150. Until those payments are complete, Klarna is your creditor. 


Miss a payment? You may face late fees, credit reporting issues, and debt collection—just like with any other loan.

How BNPL Debt is Treated in Bankruptcy

When filing for bankruptcy, all debts must be listed, including Klarna, Affirm, and Afterpay. Here’s how they typically play out:

  • Chapter 7 Bankruptcy (Liquidation): BNPL debts are considered unsecured debt (like credit cards). In most cases, they can be discharged, wiping out your obligation to pay. 
  • Chapter 13 Bankruptcy (Repayment Plan): BNPL debts are lumped in with other unsecured creditors. You may repay only a portion of what’s owed over 3–5 years, with the rest discharged at the end.
     

Importantly, the treatment doesn’t depend on whether the debt is “small” or “new.” Even if it’s a $100 BNPL purchase, it still must be disclosed.

Hidden Risks: Credit Reporting and Collection

BNPL companies are increasingly reporting to credit bureaus. That means missed payments may show up on your credit report, hurting your score before you even file for bankruptcy. Additionally:

  • Some BNPL lenders sell unpaid accounts to debt collectors.
  • Aggressive collection attempts may raise FDCPA (Fair Debt Collection Practices Act) issues.
  • Incorrect credit reporting could trigger FCRA (Fair Credit Reporting Act) claims.
     

So, filing bankruptcy may not only wipe out the debt but also stop harassment and correct credit errors tied to BNPL defaults.

Key Takeaway for Consumers

BNPL feels like a convenient alternative to credit cards, but in the eyes of the law, it’s still debt. If you’re considering bankruptcy, Klarna, Affirm, Afterpay, and similar obligations must be disclosed and are usually treated like other unsecured loans.


👉 The bottom line: You don’t lose bankruptcy protection just because your debt came through an app instead of a credit card company.

Yes, You Can Discharge Student Loans in Bankruptcy

Here’s What You Need to Know

07/18/25 - For decades, you may’ve heard that student loans are undischargeable in bankruptcy — wrong. Thanks to updated guidance from the Department of Justice (DOJ) and Education (DOE), discharging federal student loans is not only possible but becoming more attainable for borrowers facing true hardship. 



📌 1. Bankruptcy Can Clear Student Loans—With Extra Steps

📌 1. Bankruptcy Can Clear Student Loans—With Extra Steps

📌 1. Bankruptcy Can Clear Student Loans—With Extra Steps

Filing Chapter 7 or Chapter 13 bankruptcy doesn’t automatically erase student loans. Borrowers must file an adversary proceeding—a separate legal case within the bankruptcy—demanding the discharge, and proving that repaying the loans would impose “undue hardship” 

2. What Is “Undue Hardship”?

📌 1. Bankruptcy Can Clear Student Loans—With Extra Steps

📌 1. Bankruptcy Can Clear Student Loans—With Extra Steps

Courts use one of two tests:

  • Brunner Test (most common): Three requirements—(1) you can't maintain a minimal standard of living; (2) hardship likely to persist; (3) you've tried to repay in good faith 
  • Totality of Circumstances: A more flexible, holistic approach 

3. The 2022 DOJ/DOE Guidance: A Game Changer

📌 1. Bankruptcy Can Clear Student Loans—With Extra Steps

3. The 2022 DOJ/DOE Guidance: A Game Changer

Prior to November 2022, outcomes varied widely by judge and jurisdiction. Now, borrowers complete a standardized attestation form detailing income, living expenses, & repayment efforts. The DOJ uses it to make objective, fact-based recommendations to bankruptcy courts 


Early data is promising:

  • Over 95% of cases using this form receive full or partial discharge 
  • LegalClarity reports a similar success rate—97% 

4. What Borrowers Need to Do

5. Who Should Consider This Option

3. The 2022 DOJ/DOE Guidance: A Game Changer

  1. File for Chapter 7 or Chapter 13 bankruptcy.
  2. Begin an adversary proceeding to focus on student loans 
  3. Serve the complaint on your loan servicer, the DOJ, your U.S. Trustee, and district U.S. Attorney  
  4. Submit the attestation form outlining your income, expenses, hardship, and repayment efforts.
  5. DOJ and DOE will review and recommend to the court; the judge makes the final decision.

5. Who Should Consider This Option

5. Who Should Consider This Option

5. Who Should Consider This Option

  • Borrowers with low income, especially if expenses exceed earnings. 
  • Those with chronic illness, disability, limited job prospects, or prolonged unemployment  
  • Individuals who’ve tried income-driven repayment or deferment to no avail 

6. Challenges & Practical Advice

5. Who Should Consider This Option

5. Who Should Consider This Option

Despite the streamlined process, challenges remain:

  • Adversary proceedings can be technical and time-consuming
  • Many borrowers can’t afford attorneys, and not all lawyers specialize in student-loan discharge 
  • Legal aid organizations or attorneys offering payment plans can provide help

✅ Bottom Line for Consumers

✅ Bottom Line for Consumers

✅ Bottom Line for Consumers

If student loan payments are strangling you—leaving you unable to cover basic living costs—the new bankruptcy discharge process offers real hope:

  • Not automatic, but legally achievable.
  • Standardized, data-driven, and now highly successful.
  • Your best option? Consult a bankruptcy attorney, explore legal aid, and gather your financial documents today.


🔗 Further Resources

✅ Bottom Line for Consumers

✅ Bottom Line for Consumers

  • Official federal guidance on student loan discharge: Student Loan Discharge Guidance -- Guidance Text
     
  • In-depth breakdown of undue hardship tests:  The Brunner Test: Student Loan Forgiveness in Bankruptcy
     
  • FAQs for borrowers trying to discharge loans.  Bankruptcy - Student Loan Borrowers Assistance 

📣 Ready to Fight Back?

✅ Bottom Line for Consumers

📣 Ready to Fight Back?

Don’t believe the myth that student loans are forever. With today’s new process, discharge may be within reach for those who truly qualify. 


Share this article, empower someone in need, and visit The Consumer Bar for smart guides that protect your rights.


📲 Shein's Text Game Just Got Lit...igated

Fast Fashion, Meet Federal Law

07/15/25 - Shein, the TikTok-favorite fashion giant known for $5 crop tops and dangerously fast shipping, is now facing something less trendy: a class action lawsuit over its text marketing practices. According to the lawsuit filed in federal court, Shein allegedly sent marketing texts without consent, even to numbers listed on the National Do-Not-Call Registry—a violation of consumer rights and a clear breach of text marketing laws under the TCPA (Telephone Consumer Protection Act).

🚨 What Did Shein Do?

The plaintiff claims Shein sent unsolicited promotional messages, even after the recipient attempted to opt out. If true, this could violate consumer rights under several important regulations: the TCPA, which prohibits robocalls and marketing texts without prior consent; the FTC Do-Not-Call rules, which bar companies from texting numbers on the registry; and possibly even common decency (we’re still fact-checking that last one). Some messages allegedly continued even after texting 'STOP'—a significant legal red flag in the context of text marketing laws.

📜 What’s the TCPA Again?

👚 Fast Fashion, Slower Litigation?

👚 Fast Fashion, Slower Litigation?

Glad you asked. The Telephone Consumer Protection Act outlines important text marketing laws that marketers must follow, which include: 


- Obtaining express written consent before sending promotional texts 

- Honoring opt-out requests immediately 

- Never contacting numbers on the National Do-Not-Call list 


Violations of these laws can cost between $500 to $1,500 per message, depending on how willful the spammy behavior was. 


📱 So if Shein has been hitting your phone like it's trying to upsell denim at 3am, you may have rights under consumer rights laws. And make sure to keep those receipts.

👚 Fast Fashion, Slower Litigation?

👚 Fast Fashion, Slower Litigation?

👚 Fast Fashion, Slower Litigation?

This isn’t the first time a major retailer’s text marketing strategy has landed them in court. But as consumer awareness around robocall and spam text laws grows, TCPA class actions are becoming more common—and more costly for businesses. Shein, which has faced criticism for labor practices, knockoff accusations, and data privacy concerns, may be trying to dodge one of its most American trends yet: a nationwide lawsuit served with a side of class certification, highlighting the ongoing battle for consumer rights.

🧾 What You Can Do If You've Been Texted by Shein (or Anyone Else):

🧾 What You Can Do If You've Been Texted by Shein (or Anyone Else):

🧾 What You Can Do If You've Been Texted by Shein (or Anyone Else):

Save the texts and screenshot the timestamps for your records. It's also important to check if your number is listed on the Do-Not-Call Registry, especially in light of current text marketing laws. If you feel your consumer rights have been violated, consider contacting a consumer rights attorney (like the mixologists here at The Consumer Bar).

🥃 Final Sip

🧾 What You Can Do If You've Been Texted by Shein (or Anyone Else):

🧾 What You Can Do If You've Been Texted by Shein (or Anyone Else):

If your text messages resemble a clearance bin more than an effective communication tool, it’s time to make some changes. Text spam isn’t just inconvenient; it could violate text marketing laws and infringe on your consumer rights. The recent Shein lawsuit serves as a reminder that even major brands must adhere to the law.


💬 Want us to review your texts? Slide into Ask the Bartender, and let’s explore if your phone is entitled to a little financial justice, just like our house specials!

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