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Bankruptcy & Student Loan Relief

How can a property settlement agreement in a divorce affect your Bankruptcy in Michigan?

February 13, 2012March 30, 2023 Mike Shovan

Although domestic support obligations and property settlements are non-dischargeable in Chapter 7, property settlement debts are dischargeable in Chapter 13. Settlement agreement language can help

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Bankruptcy & Student Loan Relief

Is the Till interest rate universally applicable to all Chapter 13 Bankruptcies in Michigan?

January 31, 2012March 30, 2023 Mike Shovan

In Horny (E.D. Mich 2011), Judge Ludington ruled that not all contract interest rates can be crammed down to the Till rate. Ludington held that

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Bankruptcy & Student Loan Relief

Assets acquired before you file for Bankruptcy in Michigan do not have to be included in a Chapter 13 Plan.

January 31, 2012March 30, 2023 Mike Shovan

In Mobley (Bank. E.D. Mich. 2011), the court held that a fully exempted pre-petition personal injury award cannot be included as part of the disposable

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Bankruptcy & Student Loan Relief

Uncertain or unliquidated personal injury awards do not have to be included as disposable monthly income (DMI) in a Chapter 13 bankruptcy proceeding in Michigan?

January 31, 2012March 30, 2023 Mike Shovan

The Court in Connor (E.D. Mich. 2012) recently addressed the issue and concluded that prospective amounts do not have to be included in a DMI

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Bankruptcy & Student Loan Relief

Important Bankruptcy Cases before the US Supreme Court

January 31, 2012March 30, 2023 Mike Shovan

Here is a summary of the important Bankruptcy Cases before the US Supreme Court: In re Puffer, No. 11-1831 (1st Cir.) Issue: Whether chapter 13

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Bankruptcy & Student Loan Relief

Can Federal 1040 Income Taxes be Discharged in a Chapter 7 Bankruptcy in Michigan?

January 12, 2012March 30, 2023 Mike Shovan

Michigan Bankruptcy and 1040 Income Taxes. Yes, provided the 5 following rules are met: 1.  The taxes at issued must be 1040 Income Taxes. Taxes

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Bankruptcy & Student Loan Relief

Michigan Bankruptcy- In Chapter 13 Can You Choose Between Paying a Set Fee or On An Hourly Basis?

December 27, 2011March 30, 2023 Mike Shovan

Michigan Bankruptcy Fee or Hourly Basis Fee. Each 2016(b) statement provides for compensation to be either a stated flat fee; or payment of a stated

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