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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

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

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

Sixth Circuit BAP Rules in Favor of Lien Strip in "Chapter 20"

            In a case decided in July of 2014, the Bankruptcy Appellate Panel for the 6th Circuit Court of Appeals ruled in favor of a Debtor, who originally filed a Chapter 7 and, four months later, filed a Chapter 13 to effectuate a R… Read More
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Categories: Bankruptcy

Debtor as Commercial Lessor - Lessee's Rights Trump Debtor's Right to Sell Real Estate

            In the case of Dishi & Sons, 510 B.R. 696; 2014 U.S. Dist. LEXIS 72698; Bankr. L. Rep. (CCH) P82,658, the District Court for the Southern District of New York upheld a Bankruptcy Court Order that limited a debtor (which own… Read More
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Categories: Bankruptcy

You Might Just be Uncollectable

            Often times I meet with clients who are now retired. They may owe a considerable amount of unsecured debt, including medical bills and credit card debt. They hopelessly owe more than they can repay as their only source of incom… Read More
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Categories: Bankruptcy

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