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A Salute to the Consumer Litigation Five Star General

April 2, 2023
Consumer law attorney, mentor and educator, Oliver Max Gardner III recently announced that he is retiring. His passion, diligent research...
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Appointment of Deb Miller

April 2, 2023
It is our distinct honor to inform you that Acting U.S. Trustee Paul Randolph has selected Debra L. Miller as...
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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
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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
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2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 7 Selected Decisions Under Parts I and II of the Federal Rules of Bankruptcy Procedure

March 26, 2023
Introduction Amendments to 16 rules and new one new rule took effect December 1, 2022. Many reflected changes necessitated by...
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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
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How to Manage Incompetent, Unprepared, and Unreasonable Creditor Bankruptcy Counsel

March 19, 2023
Recently, the Emeritus Trustees (“ETC”) commented on “How to Manage Incompetent, Unprepared, and Negligent Bankruptcy Counsel”. We now turn to...
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Members
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The Power of a Checklist

March 12, 2023
Recently, I had the pleasure of a great conversation with Chapter 13 Trustee, Thomas McDonald, from the EDMI. As it...
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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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