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Bankruptcy & Student Loan Relief

Can a Chapter 7 debtor amend their exemptions in a reopened case to exempt a previously undisclosed personal injury claim?

January 17, 2019March 30, 2023 Mike Shovan

Yes – but only if the debtor can show “excusable neglect” they can amend their exemptions in a reopened proceeding. However, in a recent 10th

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Bankruptcy & Student Loan Relief

What happens to a non-filing spouses joint tenancy interest when the debtor dies during the pendency of a bankruptcy proceeding?

January 16, 2019March 30, 2023 Mike Shovan

In a recent decision from the 10th Circuit, the court held that the bankruptcy estate’s interest in joint tenancy property terminated upon debtor’s death. When

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Bankruptcy & Student Loan Relief

Ohio Court rules that Debtor’s “life estate” in residential property held by trust was sufficient for debtor to claim exemption in her lifetime interest in property

December 28, 2018March 30, 2023 Mike Shovan
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Bankruptcy & Student Loan Relief

What happens when a Chapter 13 debtor gets divorced while their bankruptcy case was pending?

December 26, 2018March 30, 2023 Mike Shovan

The dissolution of a marriage is not subject to the automatic stay pursuant to Code § 362(b)(2)(A)(iv). Child custody determinations are not subject to the

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Financial Tips & Information

Are Parents sacrificing their own financial security to help adult children?

December 21, 2018April 6, 2023 Mike Shovan

Reliable facts and recent reports show that parents are spending billions on adult children. It’s getting very expensive for American parents to support their adult

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Discharge Student Loans

Can a Student Loan Creditor Compel Arbitration pursuant to contract provisions?

December 19, 2018March 30, 2023 Mike Shovan

The Bankruptcy Court in Indiana denied the student loan creditor’s motion to compel arbitration of the debtor’s dischargeability proceeding under Code § 523(a)(8). The Roth

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Bankruptcy & Student Loan Relief

Can I keep my securities license if I file bankruptcy?

December 18, 2018March 30, 2023 Mike Shovan

According to the Financial Industry Regulatory Authority (FINRA) By-Law, Article III, Section 4, filing for bankruptcy is not an event that would disqualify an individual

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