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Year: 2015

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Bankruptcy & Student Loan Relief

What is the Status of Lien Stripping in Chapter 7 Cases?

February 20, 2015March 30, 2023 Mike Shovan

As of February 18, 2015, the debtors have filed their brief in the consolidated Supreme Court cases of Bank of Amer. v. Toledo-Cardona, No. 14-163 and Bank

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Bankruptcy & Student Loan Relief

What is the Standard of Regarding the Award of Attorney’s Fees?

February 19, 2015March 30, 2023 Mike Shovan

As reported by Robin Miller of CBAR, a bankruptcy court’s decision regarding an award of attorney’s fees is reviewed for an abuse of discretion. In

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Bankruptcy & Student Loan Relief

How Does a Debtor Establish That case was filed in good faith for purpose of Code § 362(c)(3)(B) to Extend the Automatic Stay?

February 19, 2015March 30, 2023 Mike Shovan

In assessing whether a debtor’s bankruptcy case was filed in good faith for the purpose of Code § 362(c)(3)(B), courts have considered the following non-exhaustive

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Bankruptcy & Student Loan Relief

Will Relief from Stay Be Granted Where Chapter 13 Debtor Did Not Establish The Ability to Cure the Default Arrearage?

February 19, 2015March 30, 2023 Mike Shovan

As reported by Robin Miller of CBAR, in In re Moore, 2014 WL 4855011 (Bankr. W.D. Mich., Sept. 23, 2014), the Chapter 13 debtor’s balloon

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Bankruptcy & Student Loan Relief

Can a Bankruptcy Court Limit the Pre-Confirmation Fees of a Noted Bankruptcy Attorney?

February 19, 2015March 30, 2023 Mike Shovan

Yes. As reported by Robin Miller of CBAR, in In re Ulrich, 517 B.R. 77 (Bankr. E.D. Mich., Sept. 5, 2014), Chief Bankruptcy Judge Phillip

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Bankruptcy & Student Loan Relief

Is a Debtor’s Obligation to Pay One-Half of Child’s College Expenses was Not a “Super Dischargeable” Support Obligation?

February 19, 2015March 30, 2023 Mike Shovan

No. In In re Larson-Asplund, 519 B.R. 682 (Bankr. E.D. Mich., Oct. 8, 2014), Chief Bankruptcy Judge Phillip J. Shefferly held that the Chapter 13

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Bankruptcy & Student Loan Relief

Can a Chapter 13 Plan That Merely Delays Payment to the Largest Creditor was Not Proposed in Good Faith?

February 19, 2015March 30, 2023 Mike Shovan

No. As reported by Robin Miller of CBAR, a Debtor has burden of proving that Chapter 13 plan was proposed in good faith after issue

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