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August 2, 2020
By The Honorable William Houston Brown (Retired) Undistributed funds returned to debtor upon dismissal. Under § 1327(b)’s vesting requirement, unless a confirmed plan provides otherwise, any undistributed funds held by the trustee at dismissal of the case must be returned to the debtor. Although not necessary to rely on § 347(b)(3), the conclusion on effect of vesting at confirmation was...
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May 12, 2019
By Robert B. Branson and Tammy Branson, Branson Law PLLC (Orlando, FL) Congress’ goal of bankruptcy is for the honest debtor to get a fresh start. Since most federally guaranteed student loans are nondischargeable, the current outcome is a “false start” instead of a fresh start. Resolving a $1.5 trillion student loan crisis is problematic in that the caselaw was...
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November 9, 2022
Click here to see PDF – SBRA Guide June 2022 Compilation FINAL Click here to see PDF – SBRA May-June Supplement Final
March 24, 2019
By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Discharge - Section 523(a)(8)(A)(ii) does not include “loan.” Denying Navient’s motion to dismiss debtors’ complaint, reviewing the split of authority on whether § 523(a)(8)(A)(ii)’s “educational benefit” included loans, and finding no controlling authority in the Tenth Circuit, the Court concluded that Congress made a distinction between “loan” in § 523(a)(8)(A)(i) and...
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November 19, 2023
What do a license plate, a house in Gambia, anda drug runner’s house all have in common? This is a fun holiday week read – enjoy!
March 3, 2019
Travis Sasser practices bankruptcy law in Cary, North Carolina. He is a board certified specialist in Consumer Bankruptcy by the American Board of Certification and the North Carolina Board of Legal Specialization. He serves on the Bankruptcy Committee for the North Carolina Board of Legal Specialization. He is a member of ABI and NACBA. He graduated from the University of...
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August 14, 2022
In April, Brian Tucci started his appointment as the Chapter 13 Standing Trustee for Baltimore, Maryland. He is a native Marylander with deep roots in the Maryland bankruptcy community. Brian succeeded the late Robert S. Thomas, II and Robert’s predecessor, the late Ellen Crosby. Brian earned his undergraduate degree at the University of Maryland and his J.D. at Western Michigan...
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August 22, 2021
By Cathy Moran, Esq., (Redwood City, CA) When a married couple books a bankruptcy consultation, you have an immediate problem: There be dragons, as early map makers helpfully provided. Because, as a lawyer friend of mine says: Anytime there are two people sitting across from you, you have a conflict of interest. That pithy expression has stuck with me and...
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October 20, 2019
By The Honorable William Houston Brown (Retired) Objection sustained to one-year late proof of claim. The mortgage creditor did not object to confirmation nor file a proof of claim until one year after the bar date in the Chapter 13 case. The trustee objected to the claim, which asserted a higher arrearage than provided for in the confirmed plan. Section...
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