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Year: 2019

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Discharge Student Loans

Can Debtor’s be obligated to repay a student loan co-signer post discharge?

January 22, 2019March 30, 2023 Mike Shovan

Yes. An Illinois Court held that a Debtor’s obligation to repay her former father-in-law who had co-signed her student loans prepetition was postpetition debt that

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Bankruptcy & Student Loan Relief

Can a Chapter 7 trustee avoid a state divorce court’s award of the former marital residence to a debtor’s former wife?

January 21, 2019March 30, 2023 Mike Shovan

No. The 7th Circuit Court of Appeals held that the Chapter 7 trustee could not use the strong-arm powers under Code § 544(a) to avoid

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Bankruptcy & Student Loan Relief

Can you deduct anticipated taxes liabilities on the means test?

January 18, 2019March 30, 2023 Mike Shovan

No, in a recent New York decision, the court held that only taxes actually paid can be included in the means test. Line 16 of

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Bankruptcy & Student Loan Relief

Can you deduct operating expenses for two vehicles on the means test if you live in a one person household?

January 18, 2019March 30, 2023 Mike Shovan

Yes, in a recent New York decision, the court ruled that under the plain meaning of the Bankruptcy Code, a debtor in a one-person household

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Bankruptcy & Student Loan Relief

Can a Chapter 7 debtor amend their exemptions in a reopened case to exempt a previously undisclosed personal injury claim?

January 17, 2019March 30, 2023 Mike Shovan

Yes – but only if the debtor can show “excusable neglect” they can amend their exemptions in a reopened proceeding. However, in a recent 10th

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Bankruptcy & Student Loan Relief

What happens to a non-filing spouses joint tenancy interest when the debtor dies during the pendency of a bankruptcy proceeding?

January 16, 2019March 30, 2023 Mike Shovan

In a recent decision from the 10th Circuit, the court held that the bankruptcy estate’s interest in joint tenancy property terminated upon debtor’s death. When

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