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Bankruptcy & Student Loan Relief

How Does a Debtor Establish That case was filed in good faith for purpose of Code § 362(c)(3)(B) to Extend the Automatic Stay?

February 19, 2015March 30, 2023 Mike Shovan

In assessing whether a debtor’s bankruptcy case was filed in good faith for the purpose of Code § 362(c)(3)(B), courts have considered the following non-exhaustive

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Bankruptcy & Student Loan Relief

Will Relief from Stay Be Granted Where Chapter 13 Debtor Did Not Establish The Ability to Cure the Default Arrearage?

February 19, 2015March 30, 2023 Mike Shovan

As reported by Robin Miller of CBAR, in In re Moore, 2014 WL 4855011 (Bankr. W.D. Mich., Sept. 23, 2014), the Chapter 13 debtor’s balloon

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Bankruptcy & Student Loan Relief

Can a Bankruptcy Court Limit the Pre-Confirmation Fees of a Noted Bankruptcy Attorney?

February 19, 2015March 30, 2023 Mike Shovan

Yes. As reported by Robin Miller of CBAR, in In re Ulrich, 517 B.R. 77 (Bankr. E.D. Mich., Sept. 5, 2014), Chief Bankruptcy Judge Phillip

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Bankruptcy & Student Loan Relief

Is a Debtor’s Obligation to Pay One-Half of Child’s College Expenses was Not a “Super Dischargeable” Support Obligation?

February 19, 2015March 30, 2023 Mike Shovan

No. In In re Larson-Asplund, 519 B.R. 682 (Bankr. E.D. Mich., Oct. 8, 2014), Chief Bankruptcy Judge Phillip J. Shefferly held that the Chapter 13

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Bankruptcy & Student Loan Relief

Can a Chapter 13 Plan That Merely Delays Payment to the Largest Creditor was Not Proposed in Good Faith?

February 19, 2015March 30, 2023 Mike Shovan

No. As reported by Robin Miller of CBAR, a Debtor has burden of proving that Chapter 13 plan was proposed in good faith after issue

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Bankruptcy & Student Loan Relief

Will Bankruptcy Court Allows a Chapter 13 Fee Application for Objections to Stale Claims?

February 19, 2015March 30, 2023 Mike Shovan

Yes. As reported by Robin Miller of CBAR, the Court in In re Alexander, 2014 WL 5449653 (Bankr. E.D. Tenn., Oct. 22, 2014) allowed Chapter

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Bankruptcy & Student Loan Relief

Can a Debtor Satisfy the Good Faith Prong of the Brunner Test If They Decline to Participate in an Income-Contingent Repayment Plan?

February 19, 2015March 30, 2023 Mike Shovan

Yes. As reported by Robin Miller of CBAR, a Debtor with limited earning capacity satisfied Brunner test for discharge of student loan debt. The 35-year-old

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