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Bankruptcy & Student Loan Relief

What Happens if a Non-Filing Spouse Refuses to Disclose Their Income?

November 30, 2014March 30, 2023 Mike Shovan

According to Robing Miller of CBAR, if a Chapter 13 debtor is unable to provide information about his non-filing spouse’s income, expenses, and contributions to

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Bankruptcy & Student Loan Relief

US Bankruptcy Code § 1322(b)(9) Operates in Conjunction with Code § 1325(a)(5) Allowing the Vesting of Title to the Debtor’s Mortage Holder

November 30, 2014March 30, 2023 Mike Shovan

As reported by Robin Miller of CBAR, an Oregon Court affirmed a Chapter 13 plan that provided for the vesting of title to the debtors’

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Bankruptcy & Student Loan Relief

Mortgage Servicer’s Inaccurate Credit Reporting Results in a Violation of the Discharge Injunction

November 30, 2014March 30, 2023 Mike Shovan

As reported by Robin Miller of CBAR, a mortgage servicer’s change in the reporting of the Chapter 7 debtor’s mortgage obligation to credit bureaus heavily

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Bankruptcy & Student Loan Relief

How Did A New Jersey Debtor Get A “Free House” ?

November 30, 2014March 30, 2023 Mike Shovan

As reported by Robin Miller of CBAR, a New Jersey Chapter 13 debtor was able to get a “Free House.” UnderNew Jersey law, the debtor’s mortgage

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Bankruptcy & Student Loan Relief

Attorney Sanctioned for Allowing Client to Defaud the Bankruptcy Court

November 30, 2014March 30, 2023 Mike Shovan

As reported by Robin Miller of CBAR, Code § 526(a)(2) prohibits a debt relief agency from “counsel[ing] or advis[ing] any assisted person or prospective assisted

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Bankruptcy & Student Loan Relief

Is the Filing of a Proof of Claim For a Discharged Debt a Violation of the Discharge Injunction?

November 3, 2014March 30, 2023 Mike Shovan

Yes. Affirming In re McLean, 2013 WL 5963358 (Bankr. M.D. Ala. Nov. 8, 2013), the district court held that the bankruptcy court did not err

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Bankruptcy & Student Loan Relief

Are Canadian Old Age Security Benefits Excluded from Your Current Monthly Income?

November 3, 2014March 30, 2023 Mike Shovan

Yes. The Canadian Old Age Security benefits received by the debtors were not included in the debtors’ current monthly income under Code § 101(10A) because

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