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About
Meet the Academy
Public Articles
Positions Available
Contact Us
Join Now
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Home
About
Meet the Academy
Public Articles
Positions Available
Contact Us
Home
About
Meet the Academy
Public Articles
Positions Available
Contact Us
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What Does “Following” Mean?
Kara K. Gendron
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
Critical Case Comment–“No Realistic Future Prospects”
Henry E. Hildebrand, III
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
New Federal Guidance on Discharging Student Loans in Bankruptcy Is a Game Changer
Robert B. Branson
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
Critical Case Comment – Pigs Get Fat/Hogs Get Slaughtered
Henry E. Hildebrand, III
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
Critical Case Comment – If Objection, Arrears Gotta’ Be Equal Monthly Installments
Henry E. Hildebrand, III
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
Finding the Flaws in IRS Tax Liens
Cathy Moran
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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Critical Case Comment – Pre to Pre and Post to Post
Henry E. Hildebrand, III
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
The Untouchables – Starring Social Security Income
Nicole Noll
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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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
Lawrence R. Ahern, III
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
Critical Case Comment – Five Theories of Post-Confirmation Property Treatment
Henry E. Hildebrand, III
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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