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Year: 2019

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Financial Tips & Information

What are the top 10 used car buys?

February 26, 2019April 6, 2023 Mike Shovan

According to a recent study conducted by iSeeCars, here is the list of the top 10 used car buys: Ford Expedition — 38.5 percent savings

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Bankruptcy & Student Loan Relief

Does a Secured Creditor’s failure to file an objection constitute an acceptance of a Chapter 13 plan?

February 22, 2019March 30, 2023 Mike Shovan

Yes. In a recent South Carolina bankruptcy decision, the court held that a secured creditor’s failure to object to its treatment in a Chapter 13

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Bankruptcy & Student Loan Relief

Is a State Court Judgment entitled to issue-preclusive effect as to the debtor’s fraud?

February 21, 2019March 30, 2023 Mike Shovan

In a recent 9th Cir. B.A.P decision, the court held that a California state court judgment was not entitled to issue-preclusive effect as to the

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Discharge Student Loans

Does a Student Loan Creditor’s application of trustee’s payments to prepetition and postpetition interest instead of paying down the principal amounts violate the terms of a Chapter 13 plan?

February 21, 2019March 30, 2023 Mike Shovan

In a recent Montana bankruptcy court ruling, does not prohibit creditors from applying Chapter 13 plan payments to outstanding postpetition interest prior to paying down

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Bankruptcy & Student Loan Relief

Is a Chapter 13 debtor obligated debtor to pay lender’s bankruptcy-related attorney’s fees?

February 19, 2019March 30, 2023 Mike Shovan

In a recent Alamba bankruptcy court ruling, the court ruled that the debtor is not obligated debtor to pay the lender’s bankruptcy-related attorney’s fees. The

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Bankruptcy & Student Loan Relief

Factors relevant to court’s decision on permissive abstention: How does a bankruptcy court determine whether an adversary proceeding is a “Core Proceeding”?

February 14, 2019March 30, 2023 Mike Shovan

Courts will consider several factors when determining whether to permissively abstain under 28 U.S.C. § 1334(c)(1) from hearing a proceeding, including: (1) the effect of

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Bankruptcy & Student Loan Relief

Disposition of Chapter 13 Funds following Dismissal: Can a state levy Chapter 13 post-petition funds on hand after the case is dismissed to apply to debtor’s child support arrearage?

February 13, 2019March 30, 2023 Mike Shovan

Not in Virginia. In a recent 4th Circuit decision, the court held that the Virginia Department of Social Services, Division of Child Support Enforcement, was

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