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Bankruptcy & Student Loan Relief

Does the Bankruptcy Court Have to Order the Substantive Consolidation of Chapter 7 Debtors with a Non-Debtor LLC?

February 19, 2015March 30, 2023 Mike Shovan

No. As reported by Robin Miller of CBAR, a Court will decline to order substantive consolidation of Chapter 7 debtors with non-debtor LLC. Substantive consolidation,

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Bankruptcy & Student Loan Relief

Can a Debtor Reopen a Case to Avoid a Creditor’s Lien?

February 19, 2015March 30, 2023 Mike Shovan

Yes. According to Robin Miller of CBAR, the granting of debtor’s motion to reopen case, for purpose of avoiding creditor’s lien, would be conditioned on

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Bankruptcy & Student Loan Relief

Does the Homestead Exemption Extend to Mineral Rights?

February 19, 2015March 30, 2023 Mike Shovan

Not in Ohio. As reported by Robin Miller of CBAR, under Ohio Rev. Code § 2329.66(A)(1)(b), which permits the exemption of “one parcel or item

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Bankruptcy & Student Loan Relief

Was the Dismissal of Chapter 7 Proper Where the Debtor Was Trying to Save Their Home?

February 19, 2015March 30, 2023 Mike Shovan

No. As reported by Robin Miller of CBAR, the dismissal of the Chapter 7 debtor’s case for bad faith amounting to cause under Code §

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Bankruptcy & Student Loan Relief

Does a Creditor’s Filing a Proof of Claim for a Discharged Debt Violate the Discharge Injunction?

February 19, 2015March 30, 2023 Mike Shovan

Yes. As reported by Robin Miller of CBAR, disagreeing with In re Surprise, 342 B.R. 119 (Bankr. N.D. N.Y. 2006) and In re Clayton, 2010

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Bankruptcy & Student Loan Relief

Does a Violation of Discharge Injunction Be Asserted by Filing a Motion for Contempt?

February 19, 2015March 30, 2023 Mike Shovan

Yes. As reported by Robin Miller of CBAR, agreeing with In re Frambes, 454 B.R. 437 (Bankr. E.D. Ky. 2011) and disagreeing with Motichko v.

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Bankruptcy & Student Loan Relief

Does the Bankruptcy Code Preclude an FDCPA Remedy for Debt Collector’s Abuses?

February 16, 2015March 30, 2023 Mike Shovan

As reported by Robin Miller of CBAR, the district court in Crawford v. LVNV Funding, LLC, 758 F.3d 1254 (11th Cir., July 10, 2014), reh’g and reh’g

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