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Year: 2013

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Bankruptcy & Student Loan Relief

Are post-petition condominium assessments “non-dischargeable” debts?

January 21, 2013March 30, 2023 Mike Shovan

In a highly contentious issue, the Texas based Zamora Court Post-Petition condominium assessments are postpetition debts – and therefore non-disharageable. Homeowners association fees assessed after

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Bankruptcy & Student Loan Relief

Can a Mortgage Creditor’s post-petition payment claim be disallowed in a Chapter 13 Bankruptcy?

January 21, 2013March 30, 2023 Mike Shovan

Yes. In a recent Texas decision, the Creggett court disallowed the mortgage creditor’s claimed payment change from $1,246 monthly to $2,608 monthly, based on an asserted change

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Bankruptcy & Student Loan Relief

Is a Creditor’s right to enforce a Covenant Not to Compete a “claim” that is dischargeable in a Bankruptcy proceeding?

January 21, 2013March 30, 2023 Mike Shovan

In Texas, a Bankruptcy Court held that a creditor’s right to equitable relief to enforce a covenant not to compete against the debtor was a

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Bankruptcy & Student Loan Relief

Mortgage Creditors must comply with RESPA requirements or be subject to waiver of shortages and other sanctions

January 21, 2013March 30, 2023 Mike Shovan

In a Texas decsision, the Bankruptcy Court held that a Mortgage Creditor waived right to recover escrow shortages by failing to provide escrow analyses required

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Bankruptcy & Student Loan Relief

Does a Proof of Claim file by a Mortgage creditor in a prior Chapter 13 Bankruptcy “judicially estop” the same creditor from amending their claim in the same Debtor’s current Chapter 13 Bankruptcy?

January 20, 2013March 30, 2023 Mike Shovan

In a recent 5th Circuit Court of Appeals decision, a proof of claim filed by mortgage creditor in the Homeowner’s prior Chapter 13 case did

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Bankruptcy & Student Loan Relief

What is Judicial Estoppel in the context of Bankruptcy in Michigan?

January 20, 2013March 30, 2023 Mike Shovan

Here are the elements of judicial estoppel: The doctrine of judicial estoppel is “a common law doctrine by which a party who has assumed one

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Bankruptcy & Student Loan Relief

Debtor’s can defend against “fraudulent transfer” claim even where consideration given by debtor was greater than value of benefit received

January 20, 2013March 30, 2023 Mike Shovan

In a Texas case, a Debtor received full value for prepetition payments made to a creditor for purposes of defense under Code § 548(c) to

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