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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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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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