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**THE CURRENT ESSAY CONTEST**- We are now taking essay entries for the Fall 2022 Scholarship due November 30, 2022. (Please see the Current Essay Topic, below, highlighted by two asterisks** on each side, dealing with the Comparing Various Homestead Exemptions Under Different State’s Laws and their Effects on Federal Bankruptcy Law).

The cost of obtaining a college and/or graduate school education has grown rapidly over the past few decades, making it more and more difficult for many people to realize their educational goals. As a law firm, the Law Office of Ronald D. Weiss, P.C. understands the value of higher education, as well as the tremendous investment of time and money involved in obtaining a higher education. In an effort to help a new generation of college and/or graduate school students meet their educational costs, the Law Office of Ronald D. Weiss, P.C. is pleased to offer incoming and existing college and/or graduate school students an opportunity to win a $2,500. (1st prize), $1,000. (2nd prize) and $500. (3rd prize) higher education scholarship. The scholarship is offered twice a year, in the fall and the spring of each year. The biannual scholarship and selection for the three (3) scholarship awards is based on an essay contest where the contestants take a position on a relevant topic that is assigned (see below) dealing with specific legal and policy issues pertaining to debt relief. The biannual essay topic changes each six (6) months and the assigned issues and questions change for every spring and fall essay contest for each year. The topics may deal with any of the following areas of law and policy: bankruptcy law, foreclosure defense, debt negotiation, mortgage modification, tenant defense, debtor-creditor law and all forms of legal debt relief. Because for every six (6) months, in the fall and spring, there will be a new contest, and because each contest has 1st, 2nd and 3rd place winners, there are a total of six (6) winners each year and a total amount of $8,000. disbursed in prizes each year. Details on eligibility and the application process can be found below.

• Eligibility
• The Entry Process – “The Essay”, “The Cover Letter” and “The Application” Submissions
• The Deadline For The Current, Fall 2022 Essay Contest
• **Current Essay Topic** – New Fall 2022 Essay Contest Topic – “The Homestead Exemption”
• A Message for All Contestants
• Deciding on This Year’s Winning Essay
• Requirements for the Winners
• About Ronald D. Weiss and Ronald D. Weiss, P.C.
• Former Essay Topic :
• Winners for Spring 2022 Scholarship contest
• Winners for Previous Fall 2021 Scholarship contest
• 2021 Spring Winners
• Previous Winners:

Eligibility

In order to be eligible to apply for the scholarship, applicants must fit the following criteria:

• Academic Enrollment – Be currently enrolled as a registered student in a college or university or planning to enroll as a freshman for the next academic year.
• Good Standing – Be in good academic standing with your current educational institution.
• Age – If under 18, have the permission of your parent or guardian to apply.
• Country / Citizenship – There is no restriction on students outside of the United States or non-citizens of the U.S. entering the contest.
• Language / Laws – The submissions, including the essay, must all be in English and the essay must be based on U.S. laws and policies.
• Recognized Academic Institution – The academic institution to where the applicant is currently enrolled and/or enrolled next year, needs to a recognized educational institution currently offering an academic educational curriculum to a body of students. However, the educational institution can be outside of the United States, and the student can be taking courses on-line or on a part-time basis. To qualify, the program in which the student is enrolled needs to be at least six (6) months in length and result in a certificate or degree.

The Entry Process – “The Essay”, “The Cover Letter” and “The Application” Submissions

Submissions of each applicant’s entry materials involve emailing to us three (3) parts: {A} “The Essay”, {B} The ” Cover Letter”, and {C} “The Application”. While the contest is based on the Essay, the Cover Letter assures us proper identification of each essay, and the Application helps the judges with additional information that may help to assess the entire candidate. All three parts, the Essay, the Cover Letter and the Application will be explained below.

Submissions of the Essay, Cover Letter and Application for the Scholarship essay contest should be in Microsoft Word and emailed to [email protected]. The Essay, Cover Letter and Application need to be in English and in a standard emailed format that most computers can open. The entry package needs to be emailed by the contest deadline (see below). The Deadline of the Current Fall 2022 Scholarship Essay Contest is November 30, 2022.

{A} The Cover Letter –

The Cover Letter does not need any content other than the essentials which will be identifying the applicant, the submission date and the year/season of the essay submission. The Cover Letter should contain the following:

1. The Date – The date of your submission.
2. Identification Information – The applicant’s name and contact information (full legal name, phone number number, mailing address and email address) at the top. We need this information to contact you if you are one of the three (3) winners of each of the biannual contests.
3. The Year and Season of the Essay Contest – The particular Essay Contest for which you are applying. Current applications would be for the Fall 2022 Scholarship Essay Contest.

{B} The Essay –

The Essay must deal with the Current Essay Topic for the most current biannual contest which appears below. (See subtopic below, “**Current Essay Topic**”). The current contest is for Fall 2022. The Scholarship Essay should contain the following:

1. Essay Topic – The Essay must only deal with Current Essay Topic given below. (See subtopic below, “**Current Essay Topic**”). General essays submitted to colleges and institutions about the contestant’s life, experiences and/or challenges are not what we are looking for in this contest. We are focused on our own unique topic, the Current Essay Topic, below, which is of concern to us in terms of laws and policies dealing with debt relief. Please do not send use an essay topic from a past contest or a topic of your own.
2. References – Please back up facts and/or laws in the Essay with references and/or citations. Please give credit to any sources for your information.
3. Arguments – Please take a position on the Current Essay Topic and develop it with arguments to support that position.
4. Originality – Essays need to be original writing that the contestant composed specifically for this contest. We are interested in your ideas. Do not be afraid to think outside the box and to be creative as long as you can support your arguments with facts, references and arguments that make sense. If you feel that you need a chart, spreadsheet, graph and/or illustration to make a point, we would prefer if it was either original, or if you were using it in an original manner (but please give credit to any sources).
5. Length – Essays should be approximately 2,000 words, but there is not a strict limit and if you are reasonably over or under this length your Essay will not be penalized.
6. Title – Essays should have a title which could be the year and season and topic of the Essay Contest. But a better title would be the thesis your Essay which would tell us the position or argument you will be making in your Essay.

{C} The Application –

The Application, below, as opposed to the Essay, asks short questions about personal circumstances, activities, accomplishments, hardships, challenges and educational and career goals. Answers to the short questions here are NOT required and if an applicant is uncomfortable answering any question(s) it will NOT penalize their Essay and overall submission. The only parts that is definitely needed by us is the consent question (which just requires an application circle filled) where the applicant agrees that if they are one of the winners to have their essay and photo displayed on our website to encourage future potential applicants to apply. The rest of the Application (which is optional) may help our judges to consider other aspects of an applicant, other than the Essay, which may allow the applicant to share aspects of their life and educational circumstances that may help our judges consideration where essays are otherwise close in quality and other aspects such as the person’s accomplishments, challenges, goals and perspectives may play an incremental role in helping our judges decide. Please use the Application to share any information that you believe may have helped, affected and/or influenced your educational opportunities and development and/or any information about your educational aspirations and career plans which you wish our judges to consider. The Application should contain the following:

1. Identification Information – The applicant’s name, phone, email and address.
2. Consent Question – This consent question, which is the only truly mandatory part of the Application, consents to the applicant’s essay being posted on this web site, if they are one of the winners of the essay contest. The applicant also needs to consent to a photo of themselves being posted on this web site with a large display check, that we will send to the essay contest winners (along with an actual check). The purposes of these consents and postings is to encourage other students to participate in our educational scholarship essay contest.
3. Educational Information – The institution where the applicant is currently enrolled and/or where they will be enrolled next year; the program that they are in or will be in; and the degree that they are working towards and/or that they would soon be awarded.
4. Accomplishments and/or Activities – Any activities, accomplishments, hobbies, experiences and/or interests which are meaningful to you. Part of this information is asked in questions where answers are checked off, but there is a portal which asks for a short amount of information, approximately 250 words to describe meaningful activities/interests that describe you.
5. Educational Goal and Career Aspirations – What are your goals, plans and aspirations in terms of your future education and career. Part of this information is requested in a portal which asks for a short amount of information of approximately 250 words about your educational and/or career goals.
6. Hardship or Challenge or Other Information About Yourself – Hardships or challenges that the applicant and/or their family have experienced, if applicable, and how you have dealt with them or strived to overcome them. These can be broadly based, economic, demographic, language, educational, and family hardships. Part of this information is requested in a portal which asks for a short amount of information of approximately 250 words about any challenges or hardships that have affected you and/or your family.

The Deadline For The Current Fall 2022 Essay Contest (Currently Open and Accepting Submissions)

The deadline for submissions for the current Fall 2022 Essay Scholarship Contest is: November 30, 2022.

The date of the submission entry will be considered the date we actually received the essay by email.

We are aware that there is a current Covid-19 pandemic that is affecting the entire way of life in our country. Therefore if you have been affected by a Covid Hardship that delayed your submission, we would consider moving the deadline by 1-2 weeks for persons showing proof of a Covid-19 hardship.

**Current Essay Topic** – New Fall 2022 Essay Contest Topic – “The Homestead Exemption”

(Contest Currently Open and Accepting Applications)

The United States Bankruptcy Code, as Federal Law, is operative in all fifty (50) States of the United States of America. However, the Bankruptcy Code, in deference to the rights of each state to be their own sovereigns, with the ability to enact laws for the Citizens of their respective State, contains certain provisions reflective of this principle. One of those sections is found in 11 U.S.C. Section 522(b), which allows the Debtor to claim the Federal Bankruptcy Exemptions (found under Section 522(d)) or those exemptions found under Federal Non-Bankruptcy Law (such as Social Security benefits under 42 USC 407) and/or Local and State Law Exemptions, which are applicable as of the date of the filing of the Bankruptcy Petition.

Individual Debtors who file Bankruptcy Petitions in States like New York, New Jersey and Kentucky (along with the states listed below)

Alaska	Kentucky	New Jersey	Rhode Island
Arkansas	Massachusetts	New Mexico	Texas
Connecticut	Michigan	New York	Vermont
Dist. Columbia	Minnesota	Oregon	Washington
Hawaii	New Hampshire	Pennsylvania	Wisconsin

are able to claim both the Federal Bankruptcy Exemptions under 11 U.S.C. Section 522(d) and those exemptions under Applicable State and Local Law and other Federal Non-Bankruptcy Exemptions. Other states have opted to either utilize the Federal Bankruptcy Exemptions or those exemptions under applicable State and Local Law, but not both.

One of the most important exemptions that the Debtor can claim is what is called a “Homestead Exemption”. The Homestead Exemption protects the equity in one’s principal residence for the person(s) who files a bankruptcy case. In the State of New York, the Homestead Exemption applies to a house, shares of stock in a cooperative apartment, condominium or mobile home which is owned AND occupied by the Debtor(s) as his or her (or their) principal residence. It does not apply to other real property that the Debtor owns that is not occupied as the Debtor’s principal residence. This distinction is quite important, in that failure to comply with these conditions (ownership AND occupancy) may lead to disallowance of the Homestead Exemption and possible forfeiture of that asset in a Chapter 7 bankruptcy case (or having the value of that asset determined for the purpose of the amount of monthly trustee payments in a Chapter 13 plan).

Presently, the Federal Bankruptcy Exemption under 11 U.S.C. Section 522(d)(1) is $27,900.00. If you live in the State of Minnesota (which allows a choice of Federal or State Exemptions), the State Homestead Exemption is $390,000.00. In that case, it would be advantageous for a Debtor seeking to protect their homes equity in a bankruptcy case, to utilize the Minnesota State Exemption. A very different Homestead Exemption is given in the State of Kentucky (which also allows a choice of Federal or State Exemptions), where the State Homestead Exemption is only $5,000.00. In Kentucky, it would be more beneficial for the Debtor, seeking to protect their home’s equity in a bankruptcy case, to utilize the Federal Homestead Exemption under 11 U.S.C. Section 522(d)(1) in the sum of $27,900.00., than the smaller exemption under Kentucky State Law.

Some states, like Texas, Florida, Arkansas, Iowa, Kansas, Oklahoma and South Dakota, under their state’s exemption laws, have an unlimited State Homestead Exemption. In sharp contrast, some other states, like New Jersey and Pennsylvania, have no State Homestead Exemption. The State of New York (NYS) has different Homestead Exemptions throughout the state depending on which county of the state you live in, i.e.- In Nassau County, Suffolk County, Westchester County, Rockland County, Putnam County, and New York City, the NYS Homestead Exemption is $179,975.00 per person owning and occupying the claimed residence; whereas in Albany, Dutchess, Columbia,Orange, Saratoga, or Ulster Counties, the NYS Homestead Exemption is $149,975.00, and in any other county throughout the State of New York it is $89,975.00. per person owning and occupying the claimed residence.

NOW THAT YOU HAVE SOME FAMILIARITY WITH THIS TOPIC PLEASE RESPOND TO THE FOLLOWING:

1. Compare Various Different State Homestead Exemptions – (a) Please compare and contrast the different State Homestead Exemption laws; and (b) Discuss the Homestead Exemption in your state (or adopted state) and how it compares to other, varied laws of at least three (3) other states. 

2. Impact of State Homestead Exemptions on Federal Bankruptcy Law – (a) Discuss whether and how the various State Homestead Exemptions can impact Federal Bankruptcy Law; and (b) How the various State Homestead Exemptions can impact the legal strategy, options and economic calculations for potential debtors.

3. Comparison of State Homestead Exemptions and the Federal Homestead Exemption – Discuss the benefits or disadvantages of a varied scheme guided by state laws versus the potential for a more uniform federal Homestead Exemption scheme. 

4. Comparison of Different Approaches to Homestead Exemption: a) State Exemptions Only Approach, or b) Federal Exemptions Only Approach, or c) Choice Between Federal and State Exemptions Approach – Discuss which approach to the Homestead Exemption – State Only, Federal Only or a Choice – in your opinion works best to balance the competing interests of debtors and creditors. 

Query: Would it be better if there was a special provision of the Bankruptcy Code that allowed a Debtor to be given a choice as to which Homestead Exemption they could use (either state or federal), regardless of the fact that the State they reside in will only allow just one choice for exemptions-i.e. either all state or all federal under 11 U.S.C. Section 522(d) ?

5.  Opinion of the Overall Homestead Exemption Scheme and Alternatives? – Do you agree that there should be a homestead exemption for real estate owned and occupied by the debtor? Should this exemption be extended to real property owned by the debtor, even if the debtor is not presently occupying the property? Discuss whether the present approach to the Homestead Exemption – which varies extensively state by state – should be changed, and if so, how procedurally and substantively you would change it?

6.  Relevancy to Present Economic Conditions and the Inter-relationship of Federal and State Laws –Discuss if and why this topic of the Homestead Exemption is generally relevant given: (a) the recent post-Covid-19 vacillations and instability in our economy, (b) the declining standard of living and financial welfare of individuals living throughout our country, and (c) the interaction of federal and state law in general and how they interact to affect important rights of individuals, as both citizens of the United States and of their particular states.

A Message for All Contestants

Thank you for participating in this biannual Essay Writing Scholarship Contest. We are honored and humbled by the many promising students who have participated in the Essay Writing Scholarship Contest offered by our law office since we started it in 2014 and the many excellent essays that these talented students have submitted. If you do not win the current essay Contest, please do not be discouraged and please try again in six (6) months since the the contest is offered biannually, every Spring and Fall. But if you are the Winner, a BIG kudos to you and a sincere Thank You for your winning submission which will be proudly displayed on this website in tribute to YOU and to the promise, energy and intelligence of CURRENT and FUTURE SCHOLARS.

Deciding on This Current Contest’s Winning Essays

The following factors may be considering in determining the the three (3) winners of every biannual Essay Writing Contest:

• Demonstrated understanding of the issues raised;
• Originality;
• Quality of writing;
• Strength and persuasiveness of aguments supporting the positions taken;
• Ability to understand and follow the directions given; and
• The applicant’s demonstrated potential for success in a field related to law.

Three (3) winners for each biannual essay writing contest are chosen with the 1st prize being $2,500., the 2nd prize being $1,000. and the 3rd prize being $500. The prizes are sent to the three winners of each contest approximately one to two months after the end of a contest. We ask that winners send us a picture of themselves with a large “presentation check” that we will mail together with the actual award check and allow us to post their photo with their winning essay to encourage future students to participate.

All decisions are final and are subject to the discretion of the staff of the Law Office of Ronald D. Weiss, P.C. where our attorneys are the judges and read every essay.

Requirements for the Winners

Winners must respond to the emails and/or calls of our office and acknowledge that they are the applicant. They must give us their current address for us to send the display check and the real award check. The winners must take a picture of themselves with the display check and send the picture to our office via email. Winners need to agree to allow us to post on our website the picture of themselves with the display check. This is needed to encourage future applicants to the scholarship. Winners also must agree to allow us to display their winning Essay on our website. Again, the purpose of this posting of the Essay is to encourage further participation in the scholarship by students applying for future scholarships that our office intends to offer.

About The Law Office of Ronald D. Weiss, P.C. and Ronald D. Weiss, Esq.

The Law Office of Ronald Weiss, P.C. concentrates in bankruptcy law, foreclosure defense, landlord-tenant law, debt negotiations, mortgage modification, consumer protection law and all forms of debt relief throughout Long Island and the greater New York City area. Its founder, Ronald D. Weiss, Esq. graduated New York University School of Law in 1988 and was admitted to the New York State Bar in 1989. Mr. Weiss, formed the Law Office of Ronald D. Weiss, P.C. in 1993, which has grown from a solo practice to a significant and substantial firm dealing with all matters relating to debtor and creditor law throughout Long Island, New York City and New York State. Over the years the law firm of Ronald D. Weiss, P.C. has recruited the best attorneys, paralegals and administrators to help us with our efforts. We have helped many people in very challenging, complex and/or desperate situations, and have often obtained positive results against the odds for often beleaguered clients. Mr. Weiss and his staff have always valued education and they still have faith that in the hands of good, caring legal professionals, that the legal system can make life better for hard working, ordinary people going through challenging times.

Former Essay Topic :

Bankruptcy Law and Policy as to Discharging Student Loan Debt

(Former Spring 2022 Essay Contest is Now Closed; See Photos and Essays of Winners of Spring 2022 Contest Below).

Before 1976, many debtors in bankruptcy proceedings could discharge student loan debt, whether public or private.  In 1976, Congress amended the Higher Education Act of 1965 to include Section 439A, which makes student loans non-dischargeable in bankruptcy unless (a) more than five (5) years have passed since the repayment plan was entered into, or (b) not discharging the loans would cause the debtor and their dependents an undue hardship.  In 1978, Congress passed the Bankruptcy Reform Act, commonly referred to as the Bankruptcy Code, which has been periodically amended to further limit a debtor’s ability to discharge student loan debt.  The most recent changes to the code were passed in 2005 when Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”).  Under BAPCPA, Congress excepted certain student loans from discharge, namely, (i) if they were made, insured or guaranteed by the government, (ii) made under any loan program funded in whole or in part by the government or nonprofit institution, or (iii) private loans which are considered “qualified education loans”.               

Currently, the majority of Bankruptcy Courts apply the three-pronged “Brunner Test”, established in Brunner v. New York State Higher Education Services Corp. (S.D.N.Y. Oct. 14, 1987) to discharge a student loan based upon an “undue hardship”.  To establish an undue hardship under Brunner, a debtor must show (1) based upon debtor’s current income and expenses, they cannot maintain a normal standard of living for themselves or their dependents if forced to repay the loans, (2) the state of affairs is likely to persists for a significant portion of the repayment period, and (3) the debtor has made good-faith efforts to repay the loans.  A minority of circuits apply the “totality of the circumstances test” which does not require the third-prong in Brunner.

According to the Education Data Initiative, approximately $43.2 million American student borrowers are in debt by an average of $39,351 each.^[1] Currently, student loan debt in the United States totals $1.75 trillion and grows six (6) times faster than the nation’s economy.  Id.               

Please Discuss:

(1) both the history and current bankruptcy court policies regarding the dischargeability of student loan debt;

(2) how this policy could be changed to balance the competing interests of alleviating the burden imposed on student borrowers versus preventing abuse by borrowers; and

(3) to what extent should bankruptcy law and the bankruptcy courts be used to resolve the student loan dilemma, and how can bankruptcy policy be part of larger national policy approach to remedy the crisis in funding higher education.               

The essay should not exceed 2,000 words and should use facts and references to support an argument for a position 

Winners for Spring 2022 Scholarship contest

Winners for Previous Fall 2021 Scholarship Contest

(Previous Fall 2021 Essay Contest is Now Closed; See Photos and Essays of Winners of Fall 2021 Contest Below).

Topic of the Previous Fall 2021 Scholarship Essay Contest – (See Winning Essays Below)

During the last year, due to the Covid-19 pandemic and interruptions to our economy, many states and the federal government imposed foreclosure and eviction moratoriums that protected non-paying mortgage borrowers and tenants. While this protection in many cases was needed to protect persons in financial hardship stay in their homes during a pandemic, it at the same time caused hardship for mortgage holders and landlords who could not enforce payment obligations. Please discuss whether and under what circumstances such foreclosure and eviction moratoriums can and should be imposed by the federal and/or state/local governments and whether and under what circumstances such moratoriums should continue. Please cite specific laws and references in developing your arguments.

2021 Spring Winners

Picture Gallery of Past Scholarship Winners…We Are Proud of You!!

Previous Winners: