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Procedural Issues

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Preferences: When does the Clock Start Running?

February 19, 2023
Creditors may now be subject to more preference actions, especially for those cases filed in Indiana. The Seventh Circuit recently...
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Courts are Expanding the Protections of Bankruptcy Rule 3002.1

October 9, 2022
As a prerequisite to a claim’s payment, Rule 3002.1 requires certain secured creditors to provide to the trustee and the...
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Members
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Best Practices in Bankruptcy: Power of Attorney or Guardian

June 12, 2022
It is always troublesome when an individual bankruptcy petition is filed by power of attorney. It may be less of...
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Members
Copy of Hildebrand-2016

Bankruptcy Threshold Adjustment and Technical Corrections Act

June 12, 2022
A new day is coming to high debt borrowers seeking to file Chapter 13 but confounded by the debt limits...
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Members
Mark

How My Law Firm Learned to Stop Leaving Money on the Table Part 4 – Making Willful Stay Violations Pay Off

June 12, 2022
In this series of articles, I’ve described how my firm developed a litigation practice area to generate revenue that isn’t...
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Members
Mark

How My Law Firm Learned to Stop Leaving Money on the Table Part 3 – Valuable Lessons Learned in Automatic Stay Litigation

June 5, 2022
Bankruptcy has been the focus of the Boleman Law Firm’s 30+ year history, but my law partners and I believed...
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Members
Copy of Hildebrand-2016

Critical Case Comment– Reverse Mortgage May be Modified

May 22, 2022
A reverse mortgage, having fallen due as a result of the death of the borrower, is not protected from modification...
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Members
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Still Trying to Apply Taggart: Fourth Circuit Vacates Beckhart v. Newrez, LLC

May 15, 2022
Background - In re Taggart In 2019, the Supreme Court rendered its opinion in In re Taggart,1 which was the...
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Game Stop: Dismissals with Prejudice

May 8, 2022
Faced with abusive and serial bankruptcy cases,courts have fashioned various sanctions to put a stop to gaming the system. The...
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Members
Mark

How My Law Firm Learned to Stop Leaving Money on the Table Part 2 – The “Other Appropriate Relief” of Rule 3001

May 8, 2022
At my firm, we see a lot of consumers who have some combination of high debt and low income. Many...
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