The CARES Act, Public Law 116-136 had amended several parts of the Bankruptcy Code, but included sunset provisions terminating March 27, 2021. The COVID-19 Bankruptcy Relief Extension Act of 2021, H.R.1651, passed by the House and Senate and signed by the President on March 27, 2021, extended some provisions for another year. Section 1113 of the CARES Act had amended...
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By Kevin R. Anderson, Chapter 13 Standing Trustee for the District of Utah
Green Point Credit, LLC, Green Tree Servicing LLC v. McLean, 14-14002, 2015 WL 4480920 (11th Cir. July 23, 2015): Filing a claim in a Chapter 13 case for a previously discharged debt violates § 524(a)(2) when the objective effect of such filing places pressure on the debtor to repay the debt through the plan.
In 2009, the debtors obtained a Chapter 7 discharge that included an $11,000 unsecured claim to Green Tree. In 2012, the debtors filed a Chapter 13 . . .
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