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gendron-1

What Does “Following” Mean?

April 2, 2023
Section in 109(g)(2) of the Bankruptcy Code bars a debtor from filing a new case for 180 days if the...
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Members
Copy of Hildebrand-2016

Critical Case Comment–“No Realistic Future Prospects”

March 26, 2023
A 34-year-old Chapter 7 debtor could discharge his student loan obligation by establishing that he could not reasonably make payments...
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Members
branson1

New Federal Guidance on Discharging Student Loans in Bankruptcy Is a Game Changer

March 26, 2023
The Justice Department, in partnership with the Department of Education, recently announced new guidelines that loosen the strict application of...
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Members
Copy of Hildebrand-2016

Critical Case Comment – Pigs Get Fat/Hogs Get Slaughtered

March 19, 2023
Below-median Chapter 13 debtor bears the burden of justifying a plan longer than three years as confirmation of a five-year...
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Members
Copy of Hildebrand-2016

Critical Case Comment – If Objection, Arrears Gotta’ Be Equal Monthly Installments

March 12, 2023
When a mortgage servicer objects to the plan based on its failure to pay mortgage arrears in equal monthly payments,...
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Members
moran_cathy

Finding the Flaws in IRS Tax Liens

March 12, 2023
Lien perfection follows state law The secret tax lien attaches to all of a taxpayer’s property of any kind, wherever...
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Members
Copy of Hildebrand-2016

Critical Case Comment – Pre to Pre and Post to Post

March 5, 2023
Mortgage loan servicer violated mortgage agreement with debtor, the automatic stay, the confirmation order and Rule 3002.1 by applying debtor’s...
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Members
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The Untouchables – Starring Social Security Income

March 5, 2023
In a recent opinion, an Ohio bankruptcy court joined the majority of other courts by holding the Code excludes Social...
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Members
ahern_larry_regular

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 6 Finality Versus a Residential Mortgagee: Espinosa and Nobelman Clash in the Eleventh Circuit

February 26, 2023
This Part 6 continues1 an analysis of judicial developments with a significant decision on finality of a Chapter 13 confirmation...
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Members
Copy of Hildebrand-2016

Critical Case Comment – Five Theories of Post-Confirmation Property Treatment

February 26, 2023
In examining the effect of vesting of property of the estate at confirmation of a Chapter 13 plan, bankruptcy court...
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Members
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