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Year: 2015

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  • 2015
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Bankruptcy & Student Loan Relief

Does a Creditor’s Filing a Proof of Claim for a Discharged Debt Violate the Discharge Injunction?

February 19, 2015March 30, 2023 Mike Shovan

Yes. As reported by Robin Miller of CBAR, disagreeing with In re Surprise, 342 B.R. 119 (Bankr. N.D. N.Y. 2006) and In re Clayton, 2010

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Bankruptcy & Student Loan Relief

Does a Violation of Discharge Injunction Be Asserted by Filing a Motion for Contempt?

February 19, 2015March 30, 2023 Mike Shovan

Yes. As reported by Robin Miller of CBAR, agreeing with In re Frambes, 454 B.R. 437 (Bankr. E.D. Ky. 2011) and disagreeing with Motichko v.

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Bankruptcy & Student Loan Relief

Does the Bankruptcy Code Preclude an FDCPA Remedy for Debt Collector’s Abuses?

February 16, 2015March 30, 2023 Mike Shovan

As reported by Robin Miller of CBAR, the district court in Crawford v. LVNV Funding, LLC, 758 F.3d 1254 (11th Cir., July 10, 2014), reh’g and reh’g

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Bankruptcy & Student Loan Relief

Can the Chapter 7 Debtor’s Bad Faith Constitutes “Cause” to dismiss the case under Code § 707(a).

February 14, 2015March 30, 2023 Mike Shovan

Yes. As reported by Robin Miller of CBAR, the Debtor’s bad faith is cause for dismissal of Chapter 7 case under Code § 707(a). The

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Bankruptcy & Student Loan Relief

Does the Evidentiary presumption of validity of proof of claim extend to the claims priority status?

February 14, 2015March 30, 2023 Mike Shovan

No. As reported by Robin Miller of CBAR, the evidentiary presumption of the validity of a claim that arises upon the proper filing of a

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Bankruptcy & Student Loan Relief

Under Illinois Law are Both the Refundable and Nonrefundable Portions of Debtor’s Federal Child Tax Credit are Exempt as “Public Assistance Benefit”?

February 14, 2015March 30, 2023 Mike Shovan

Yes. As reported by Robin Miller of CBAR, disagreeing with both In re Koch, 299 B.R. 523 (Bankr. C.D. Ill. 2003) (holding that the nonrefundable general

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Bankruptcy & Student Loan Relief

Can a Debtor Avoid a Lien under Code § 522(f) on Debtor’s Contingent Future Interests in Property?

February 14, 2015March 30, 2023 Mike Shovan

No. As reported by Robin Miller of CBAR, the Chapter 7 debtor could avoid, under Code § 522(f), a creditor’s judgment lien on homestead property

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