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Year: 2015

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  • 2015
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Bankruptcy & Student Loan Relief

Will Bankruptcy Court Allows a Chapter 13 Fee Application for Objections to Stale Claims?

February 19, 2015March 30, 2023 Mike Shovan

Yes. As reported by Robin Miller of CBAR, the Court in In re Alexander, 2014 WL 5449653 (Bankr. E.D. Tenn., Oct. 22, 2014) allowed Chapter

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Bankruptcy & Student Loan Relief

Can a Debtor Satisfy the Good Faith Prong of the Brunner Test If They Decline to Participate in an Income-Contingent Repayment Plan?

February 19, 2015March 30, 2023 Mike Shovan

Yes. As reported by Robin Miller of CBAR, a Debtor with limited earning capacity satisfied Brunner test for discharge of student loan debt. The 35-year-old

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Bankruptcy & Student Loan Relief

What is the Proper Interest Rate for 910-Day-Car in a Chapter 13 Plan?

February 19, 2015March 30, 2023 Mike Shovan

As reported by Robin Miller of CBAR, the Till rate is proper interest rate for 910-day-car claim in Chapter 13 plan. While the hanging paragraph

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Bankruptcy & Student Loan Relief

Does the Bankruptcy Court Have to Order the Substantive Consolidation of Chapter 7 Debtors with a Non-Debtor LLC?

February 19, 2015March 30, 2023 Mike Shovan

No. As reported by Robin Miller of CBAR, a Court will decline to order substantive consolidation of Chapter 7 debtors with non-debtor LLC. Substantive consolidation,

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Bankruptcy & Student Loan Relief

Can a Debtor Reopen a Case to Avoid a Creditor’s Lien?

February 19, 2015March 30, 2023 Mike Shovan

Yes. According to Robin Miller of CBAR, the granting of debtor’s motion to reopen case, for purpose of avoiding creditor’s lien, would be conditioned on

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Bankruptcy & Student Loan Relief

Does the Homestead Exemption Extend to Mineral Rights?

February 19, 2015March 30, 2023 Mike Shovan

Not in Ohio. As reported by Robin Miller of CBAR, under Ohio Rev. Code § 2329.66(A)(1)(b), which permits the exemption of “one parcel or item

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Bankruptcy & Student Loan Relief

Was the Dismissal of Chapter 7 Proper Where the Debtor Was Trying to Save Their Home?

February 19, 2015March 30, 2023 Mike Shovan

No. As reported by Robin Miller of CBAR, the dismissal of the Chapter 7 debtor’s case for bad faith amounting to cause under Code §

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