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Debtor’s Lawyers Beware: Courts Allow Chapter 13 Discharge to Extend to Post-Chapter 13 Mortgage Foreclosure Deficiency

     A recent series of cases highlighted a loophole (some commentators say “intended exception”) in the language of 11 U.S.C. §1328, the Debtors’ Discharge. Most recently in In re: Kent, 2016 WL 9488860 (Bankr. D. OR 2016), the Bankruptcy… Read More
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Categories: Bankruptcy

Two Statutes Collide - 363 Fights it out with 365.

Probably the most commonly heard Motion in Bankruptcy Court is a Motion for Sale Pursuant to 11 U.S.C. §363(f). This section, generally, allows the Trustee (or Chapter 11 debtor) to sell property free and clear of liens, generally providing that lie… Read More
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Categories: Bankruptcy

Brunner Student Loan Test Revisited by Pennsylvania Bankruptcy Court.

In our continuing effort to follow the dischargeability of student loans, a new case, decided by the Bankruptcy Court for the Eastern District of Pennsylvania, Price V. Devos has some note. The Bankruptcy Judge, sitting in the Eastern District of P… Read More
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Categories: Bankruptcy

"Claw Back Extended 10 Years" - Is the IRS a Creditor?

          In a case of first impression, Bankruptcy Judge Robert A. Mark sitting in the Southern District of Florida extended the fraudulent transfer “claw back” to 10 years in a case where the IRS was one of the creditors. Citing 11 U.S… Read More
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Categories: Bankruptcy

Bank of America Fined $45 Million for Violating the Automatic Stay.

Oftentimes, creditors will violate the automatic stay imposed by 11 U.S.C. § 362 out of inadvertence. In these instances, creditors typically correct the problem immediately. A recent case from the Bankruptcy Court for the Eastern District of Califo… Read More
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Categories: Bankruptcy

The Saga Continues – What Happens When a Secured Creditor Fails to File a Proof of Claim in a Reorganization?

Recently, Judge Mary Ann Whipple, sitting in the United States Bankruptcy Court for the Northern District of Ohio, issued an opinion regarding the failure of a secured creditor to timely file a Proof of Claim in a Chapter 13. Judge Whipple, in In re… Read More
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Categories: Reorganization

Eastern District Bankruptcy Judge Rules Chapter 13 Payment Time Can be Reduced in Light of Attorney Error.

In a recent case for the United States Bankruptcy Court, in the Eastern District of Michigan sitting in Detroit, Judge Mark Randon, addressed the issue of what happens when a Debtor is put into a Chapter 13 Plan that turned out to be longer than that… Read More
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Categories: Reorganization

Bankruptcy Court Sanctions Mortgage Companies

            The Bankruptcy Court for the District of Vermont sanctioned PHH Mortgage Company $375,000.00 for overcharging three separate debtors (Gravel, Beaulieu and Kinsley) a total of $76.00. Pursuant to Bankruptcy Rule 3002.1, addition… Read More
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Categories: Bankruptcy

Hope for Unemployment Recipients.

            Several years ago, the State of Michigan began an automated process to catch fraudsters claiming unemployment. The automated system worked well from the State’s perspective and found tens-of-thousands of Michiganders who had… Read More
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Categories: Uncategorized

American Bankruptcy Institute Pushes for Less Expensive Chapter 11s

            A recent article in the December, 2016 American Bankruptcy Institute Journal argues for the creation of a subset of rules for smaller companies who need to file Chapter 11. One of the key proposals would be to remove creditor… Read More
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Categories: Bankruptcy

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