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M Joseph Photo 2-1-22

Impact of the Repeal of Cares Act Chapter 13 Plan Modifications: Is It a Death Knell for Cases Beyond 60 Months?

January 8, 2023
Under the CARES Act 11 USC § 1329 was amended to include a temporary provision that permitted confirmed chapter 13...
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Members
Relyea

Safeguarding the Promise of a Fresh Start: Utilizing RESPA to Challenge Mortgage Servicing Errors Post-Discharge

July 10, 2022
For many of the consumer debtors my firm represents, the primary purpose of filing bankruptcy is to save their home...
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Members
Molly Pro picture

The Unintended Filing Bar – Don’t Ignore MFR on Surrendered Property

June 26, 2022
Consider if you will that your client has just filed a Chapter 13 Bankruptcy. They have intelligently chosen to surrender...
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Members
Copy of Hildebrand-2016

Critical Case Comment – Debtor Not Current But May Invoke CARES Remedies

March 13, 2022
In order to invoke remedies granted under the CARES Act, Chapter 13 debtor need not have been current on the...
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Members
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Do I Really Have to Tell the Trustee About Newly Acquired Assets?

January 9, 2022
It has long been a vexing question for Trustees and attorneys alike: do Debtors have to disclose assets acquired post-petition?...
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Members

When (or Not) Is the Best Interests of Creditors Test Applicable in a Modified Plan?

August 22, 2021
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) While the best interests of creditors test is applicable...
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Members

Tell the Story

May 16, 2021
By Cathy Moran, Esq., (Redwood City, CA) Have I got a story for you. A rousing tale of schedules, hearings,...
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Members

Assumption of Auto Lease in Chapter 7 Requires No Court Approval Says the 9th Circuit: In re Bobka

May 9, 2021
By Matthew D. Resnik, Resnik Hayes Moradi, LLP (Encino, CA) In Bobka v. Toyota Motor Credit Corporation (In re Bobka),...
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Members

Parker, HOA, and Sanctions – Multiple Thrills to a Bankruptcy Lawyer’s Heart

May 2, 2021
By Cathy Moran, Esq., (Redwood City, CA) I don't know just what makes Parker such a treat for me, but...
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Members

Did Congress Mean What It Said in Section 1328(i)?

April 25, 2021
By Pardis Akhavan, Resnik Hayes Moradi LLP (Encino, CA) The bankruptcy court in In re Ritter, 2021 WL 864092 (Bkrtcy...
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