The Toolbox 2.2 Basics for Chapter 13 Staff Attorneys – Part 19 of 19

By The Honorable John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio (Toledo)

XIX. EXEMPTIONS VS. INCOME – A CAGED DEATH MATCH.

A. Income Is Income - Even If It Is Exempt.

Prior to the passage of BAPCPA, there was a significant minority of courts that – to some extent – allowed exemptions to reduce or eliminate disposable income, relying on the language of Section 522(c). See, In re Berger, 61 F.3d 624 (8th Cir. 1995)(holding in a Chapter 12 case that disposable . . .

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By Angela M. Scolforo, Staff Attorney to Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia Since January 2019 alone there have been about 250 student loan discharge cases decided in the federal courts.1 One site reports that student loan debt in the United States totals $1.73 trillion, across 43.2 million borrowers, and the debt is growing6...

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Emily Connor Kennedy

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I hope that you’ve enjoyed the articles from Mark Leffler and Steve Relyea discussing how our firm began litigating against creditors in bankruptcy court and mortgage servicers in federal district court. In this (final) installment, I will discuss our entry into Fair Credit Reporting Act litigation. Our firm’s history with Fair Credit Reporting Act litigation is intertwined with the relationships...

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U.S. Trustee Program to Implement Virtual Section 341 Meetings of Creditors Nationwide

The Academy

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