Passing of the Honorable Randall L. Dunn

Consumer Bankruptcy Education
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In order for a debtor to succeed in setting aside a dismissal in a motion filed under Rule 9024, F.R.B.P., the debtor must prove specific grounds as outlined in Federal Rule of Civil Procedure 60(b). (Oxholm) In re Gardner, 2022 WL 654410 (Bankr. E.D. Mich. May 24, 2022) Case Summary Carl and Taisha Gardner filed Chapter 13 in September of...
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It is always troublesome when an individual bankruptcy petition is filed by power of attorney. It may be less of a concern in a chapter 7 case when the debtor is in the military, incarcerated, or temporarily disabled. More worrisome is the incompetent or advanced aged debtor who has been placed in a chapter 13 by someone holding a power...
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Apparently, seventh time’s the harm. In this case, aggressive lawyering’ crosses the line.
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This third article could be subtitled: “Uh-Oh! I Can’t Meet (or I Missed) a Deadline.” Setting deadlines is a critical component of any set of procedural rules. Practitioners must be aware of not only when and how a deadline can be extended, but WHETHER a deadline can be extended.
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Consumer Bankruptcy Education
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. . . at least through Friday, October 17th
gustafson2
In the continually evolving field of consumer bankruptcy law, a series of Supreme Court decisions shape how cases are administered nationwide. Over the coming weeks, we will highlight key decisions that every bankruptcy practitioner should recognize—both by name and by the issues they resolve. This week’s ‘memory work’ is: Mullane v. Central Hanover Bank & Trust; US v. Whiting Pools; BFP v. Resolution Trust; and Nobleman
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District of Idaho Announces Passing of Chief Bankruptcy Judge Joseph M. Meier
Copy of Hildebrand-2016
October 8, 2023
Chapter 13 debtor that repeatedly fails to maintain payments to the mortgage servicer directly as provided in the original plan and in all amendments is not acting in good faith and has misled the court as to feasibility of the plan justifying dismissal of the case.
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Are your clients curing mortgage arrears through their Chapter 13 plan? If so, I’m convinced a mortgage interest tax deduction lurks, unclaimed, in the trustee’s records.
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stevenson
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My life in 1982 was in a bit of turmoil. I had recently gotten married and was working as in-house counsel for a regional furniture retailer. My position included a lot of collection work – beating up on debtors in state and bankruptcy courts. I was not unhappy but I was not comfortable with my work – it was clear...

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