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Bankruptcy & Student Loan Relief

Look if Debtors are “Needy” – to Keep Tax Refunds, Give to 401K

December 10, 2011March 30, 2023 Mike Shovan

An above median income family didn’t include their 401K contributions and tax refunds into their disposable income calculation.  The UST filed a Motion to Dismiss

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Bankruptcy & Student Loan Relief

Major Fees And Damages After Failed Involuntary Chapter 7

December 8, 2011March 30, 2023 Mike Shovan

The dismissal of an involuntary Ch. 7 resulted in a decision against petitioning creditor Kevin Adell, in favor of alleged debtor JRH LLC. The Honigman

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Bankruptcy & Student Loan Relief

No Automatic Stay For Child Custody Legal Fees

December 6, 2011March 30, 2023 Mike Shovan

In the midst of a protracted child custody dispute, a Debtor filed a Ch. 13.  Previously this Debtor was ordered to pay legal fees incurred

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Bankruptcy & Student Loan Relief

Can a Chapter 13 Arrearage Claim on a Mortgage include late fees and penalities?

December 6, 2011March 30, 2023 Mike Shovan

Yes. The obligation to repay an arrearage in a Chapter 13 can include late fees, penalties and the interest on these. These additional amounts would be

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Bankruptcy & Student Loan Relief

Classes Of Claims In Ch. 11 Must Be Unique – Not Just Only For Plan Approval

December 5, 2011March 30, 2023 Mike Shovan

An element of Ch. 11 is that through the Plan the sorting of creditor claims into a particular class, with other substantially similar claims is

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Bankruptcy & Student Loan Relief

IRS Penalties Still Apply When Business Is In Chapter 11

December 5, 2011March 30, 2023 Mike Shovan

A Bankruptcy Appellate Panel of the 6th Circuit affirmed a Bankruptcy Court Order made regarding Southeast Waffles LLC.  This Debtor had sought to avoid and

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Bankruptcy & Student Loan Relief

Business debtor can’t hire lawyer once Ch. 11 Trustee appointed

December 4, 2011March 30, 2023 Mike Shovan

Moohaven Dairy LLC filed bankruptcy in the Eastern District of MI, Northern Division, requesting legal representation from Attorney Dale Cubitt. The primary secured creditor Bank

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