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Month: December 2011

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Bankruptcy & Student Loan Relief

Michigan Bankruptcy – District Court Decides Stephenson – Says Inherited IRAs Fully Exemptable

December 15, 2011March 30, 2023 Mike Shovan

Bankruptcy in Michigan Inherited IRAS. Debtors Daniel and Janet Stephenson appealed an Order in their Ch. 7 bankruptcy to the U.S. District Court, Eastern District

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Bankruptcy & Student Loan Relief

Bankruptcy in Michigan – Reviewing Court Can Comment About A Factual Finding Being Mistaken

December 12, 2011March 30, 2023 Mike Shovan

Michigan Bankruptcy- Reviewing Court and Ruling on comments. A visiting bankruptcy judge presided over an evidentiary hearing on objections to certain claims filed.    There were

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Bankruptcy & Student Loan Relief

Bankruptcy in Michigan – 6th Circuit Says Perfection Follows Secured Lien, Even After Assignment

December 11, 2011March 30, 2023 Mike Shovan

Michigan Bankruptcy Secured Lien. The Bankruptcy Court for the Northern District of OH said Wells Fargo Bank lacked standing to seek relief from the automatic

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Bankruptcy & Student Loan Relief

Look if Debtors are “Needy” – to Keep Tax Refunds, Give to 401K

December 10, 2011March 30, 2023 Mike Shovan

An above median income family didn’t include their 401K contributions and tax refunds into their disposable income calculation.  The UST filed a Motion to Dismiss

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Bankruptcy & Student Loan Relief

Major Fees And Damages After Failed Involuntary Chapter 7

December 8, 2011March 30, 2023 Mike Shovan

The dismissal of an involuntary Ch. 7 resulted in a decision against petitioning creditor Kevin Adell, in favor of alleged debtor JRH LLC. The Honigman

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Bankruptcy & Student Loan Relief

No Automatic Stay For Child Custody Legal Fees

December 6, 2011March 30, 2023 Mike Shovan

In the midst of a protracted child custody dispute, a Debtor filed a Ch. 13.  Previously this Debtor was ordered to pay legal fees incurred

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Bankruptcy & Student Loan Relief

Can a Chapter 13 Arrearage Claim on a Mortgage include late fees and penalities?

December 6, 2011March 30, 2023 Mike Shovan

Yes. The obligation to repay an arrearage in a Chapter 13 can include late fees, penalties and the interest on these. These additional amounts would be

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