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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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Discharge Student Loans

Mandatory Wage Garnishment for All Educational Loans?

February 12, 2019March 30, 2023 Mike Shovan

Last week, Senator Lamar Alexander, the Chair of the U.S. Senate Committee on Health, Education, Labor and Pensions, proposed a program that would require student

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