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Month: March 2013

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Bankruptcy & Student Loan Relief

New Median Income Data will be used beginning April 1, 2013

March 25, 2013March 30, 2023 Mike Shovan

Effective April 1, 2013, new median income data will be used for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy proceedings. Remember that means testing is

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Financial Tips & Information

Michigan Periodic (Wage) Garishments are Extended to 182 Days!

March 25, 2013April 6, 2023 Mike Shovan

The Michigan legislature changed the law on wage garnishments. Effective September 2012, a writ of garnishment for wages, salary, commissions or other earnings remains in

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Bankruptcy & Student Loan Relief

What is a “Transfer” and how does it affect your “Chapter 7 Bankruptcy”?

March 11, 2013March 30, 2023 Mike Shovan

With every initial consultation,  I always ask about whether you transferred any interest in any property. What I am really trying to find out is

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Bankruptcy & Student Loan Relief

Must a Motion requesting an Order of Abandonment under Code § 554(b) be served on all creditors and will the Order be Revoked is Propert Service was not Given?

March 3, 2013April 6, 2023 Mike Shovan

Yes. When a creditor or other interested party seeks an order from the court abandoning property from the bankruptcy estate under Code § 554(b), Bankruptcy

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Bankruptcy & Student Loan Relief

Can a Chapter 13 Claim may be valued under Code § 506(a) when no proof of claim has been filed?

March 3, 2013March 30, 2023 Mike Shovan

Because Code § 506(a) states that “[a]n allowed claim of a creditor secured by a lien on property in which the estate has an interest

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Bankruptcy & Student Loan Relief

Can a Claim may be “provided for” in a Chapter 13 plan be Discharged even where no proof of claim is filed?

March 3, 2013March 30, 2023 Mike Shovan

Yes, according to a recent decision from the ND of Illinios, the Court reld on the 10th Ciruict holding in In re Dixon, 218 B.R.

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Bankruptcy & Student Loan Relief

What Chapter 13 provision allows for the “stripping” of unsecured liens? And, when is the lien actually stripped?

March 3, 2013March 30, 2023 Mike Shovan

Chapter 13 debtor may strip unsecured lien under Code § 1322(b)(2), but not § 506(d). Further, stripping an unsecured lien in Chapter 13 requires that

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