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Year: 2014

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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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Bankruptcy & Student Loan Relief

The Fair Debt Collection Practices Act Applies to Late Proofs of Claims!

November 3, 2014March 30, 2023 Mike Shovan

Finding Crawford v. LVNV Funding, LLC, 758 F.3d 1254 (11th Cir. July 10, 2014) “particularly persuasive” on an issue on which debtors have had difficulty

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Financial Tips & Information

How Do You Determine Whether You Have Willfully Evaded the Payment of Income Tax?

November 3, 2014April 6, 2023 Mike Shovan

Two recent Court of Appeals decisions took different approaches in determining whether a debtor’s nonpayment of a tax liability was “willful” for the purpose of

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Bankruptcy & Student Loan Relief

Can I Include my Mortgage Payment to Determine my Disposable Income if I am Attempting to Modify the Loan and Intend on Keeping the Property?

November 3, 2014March 30, 2023 Mike Shovan

Yes. Affirming In re Salas, 2014 WL 92728 (Bankr. S.D. Fla. Jan. 9, 2014), the district court held that the Chapter 13 debtor, in calculating

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Bankruptcy & Student Loan Relief

Medical Marijuana Growers Beware!!!

November 3, 2014March 30, 2023 Mike Shovan

The Chapter 7 debtors’ case would be dismissed for cause under Code § 707(a) where the debtors derived a significant portion of their household income

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Bankruptcy & Student Loan Relief

Can An Attorney Be Sanctioned For “Unbundling” Their Services?

November 3, 2014March 30, 2023 Mike Shovan

Yes. Affirming In re Seare, 493 B.R. 158 (Bankr. D. Nev. April 9, 2013), the Ninth Circuit Bankruptcy Appellate Panel held that the bankruptcy court

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