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Year: 2014

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Bankruptcy & Student Loan Relief

Chapter Does a Chapter 13 plan preclude an IRS offset against debtor’s tax overpayment?

October 26, 2014March 30, 2023 Mike Shovan

As reported by Robin Miller of CBAR, a Chapter 13 plan confirmation does not preclude IRS offset against debtor’s tax overpayment. The nonbankruptcy right to

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Bankruptcy & Student Loan Relief Discharge Student Loans

Can a Debtor Establish “Undue Hardship” Despite the Availability of an “Income-Based Repayment” Program with No Payment Due in a Bankruptcy Proceeding?

September 1, 2014March 30, 2023 Mike Shovan

Yes! As reported by Robin Miller of CBAR, affirming  In re Al-Riyami, 2014 WL 2800815 (Bankr. M.D. Ala., Jan. 6, 2014), the district court found

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Bankruptcy & Student Loan Relief

What are the Factors in Determining Whether a Divorce Provision Constitutes Support or a Property Settlement?

September 1, 2014March 30, 2023 Mike Shovan

As reported by Robin Miller of CBAR, a Florida Bankruptcy judge has helped to distinguish between a divorce support provision or a property settlement agreement. If

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Bankruptcy & Student Loan Relief

Can a Debtor be Judicially Estopped from Prosecuting an Undisclosed Employment Discrimination Claim?

September 1, 2014March 30, 2023 Mike Shovan

Yes. As reported by Robin Miller of CBAR, a Chapter 13 debtor was judicially estopped from prosecuting her employment discrimination claim where she obtained confirmation

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Bankruptcy & Student Loan Relief

Do I have to Reopen my Chapter 7 Bankruptcy in Michigan and add a Creditor if I Forget to List that Creditor?

August 29, 2014March 30, 2023 Mike Shovan

No.  The 6th Circuit has established an “omitted creditors rule” in the case In re Madaj, 149 F3d 467 (1998). Here is a summary of

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What Children Should Know About Credit in Michigan?

August 24, 2014 Mike Shovan

Here is a very insightful post by my good friend and “credit guru” Philip Tirone with www.720CreditScore.com: “Charge it” is a phrase children hear when

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Discharge Student Loans

Student Debt Threatens the Safety Net for Elderly Americans According to Bloomberg

August 12, 2014March 30, 2023 Mike Shovan

As reported by Natalie Kitroeff from Bloomberg Businessweek, student debt is growing faster for seniors than for any other age group, according to the latest

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