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Archives for February 2015

WHAT ARE THE RULES & PROCEDURES FOR DISCHARGING A DEBTOR AFTER THEY COMPLETE THEIR CHAPTER 13 PLAN?

Applicable Law and Rules. Generally, the court will grant the debtor a discharge of all debts provided for by the chapter 13 plan or disallowed under section 502 of the Bankruptcy Code “as soon as practicable” after the debtor completes all payments under the plan, other than payments to holders of certain long-term claims. 11…

WHAT ARE THE APPLICABLE RULES & PROCEDURES REQUIRED FOR A HARDSHIP DISCHARGE BEFORE COMPLETION OF CHAPTER 13 PLAN?

Applicable law & procedure. After confirmation of the chapter 13 plan, the court may grant a discharge to a debtor that has not completed payments under the plan only if: (1) the debtor’s failure to complete such payments is due to circumstances for which the debtor should not justly be held accountable; (2) the value,…

Department of Education Releases Debt Collection Data Following NCLC Lawsuit

As reported on studentloanborrowerassistance.org , nearly two years after NCLC filed their initial request, the NCLC is finally able to close the file on their Freedom of Information Act (FOIA) lawsuit against the U.S. Department of Education. Back in March of 2013, NCLC sent a FOIA request to the Department requesting documents related to the…

FIFTEEN CORINTHIAN COLLEGES ALUMNI REFUSING TO PAY BACK STUDENT LOANS, WILLING TO DESTROY THEIR CREDIT ON PRINCIPLE

As reported by the ABI Fifteen former students announced on Monday that they’d had enough of their student loan debt debacle and were going on a “debt strike” until the government canceled their student loans, Bloomberg News reported yesterday. The “Corinthian 15” took out federal loans to attend colleges run by Corinthian Colleges, a for-profit…

WILL THE SUPREME COURT DECIDE WHETHER ATTORNEY FEES CAN BE AWARDED FOR DEFENDING THIER FEE APPLICATIONS?

Yes. As reported by Valerie P. Morrison and Dylan G. Trache of Nelson Mullins Riley and Scarborough LLP (Washington, D.C.) in the ABI Bankruptcy Brief, the Supreme Court yesterday heard oral argument in the case of Baker Botts LLP, et al. v. Asarco LLC. The issue before the Court is whether bankruptcy judges have discretion…

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