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Transmittal of STD Deemed Non-Dischargeable.

The United States Bankruptcy Court for the District of New Mexico recently issued an opinion on what is not necessarily a monetary issue but certainly a sensitive one. In that case, the Debtor, a software analyst, who the Court found to be “educate… Read More
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Categories: Bankruptcy

Chapter 11 Debtor Leases Equipment During Chapter 11, Doesn't Use it -- What is Owed to Lessor?

Recent decisions by the Bankruptcy Court for the Northern District of Indiana, In re Curry Printers, Inc., 135 B.R. 564 (Bankr. ND IN 1991) and the United States District Court for the Western District of Louisiana, Kimzey v. Premium Casing Equipment… Read More
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Categories: Reorganization

“Total Surrender” in Chapter 13 – Can a Debtor Reject One Vehicle and Keep Another When the Same Creditor has a Lien on Both?

Typically, families that need Chapter 13 relief and have been Credit Union members have two vehicles. Often times, “buried in the fine print” of the security documents are so-called “cross collateralization” clauses that say, in common langua… Read More
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Categories: Bankruptcy

Law is Now Settled – Unsecured Creditors Get Their Attorney Fees in a Bankruptcy

The law has been clear for some time that secured creditors (mortgage holders, creditors with vehicle liens, equipment liens, etc.) are entitled to add their attorney fees to their claims in a bankruptcy or reorganization. The question of whether cre… Read More
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Categories: Bankruptcy

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 Court exte… 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 liens… 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 Pen… 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.C. 544(b), the Cou… 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 Californi… 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

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