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Bankruptcy & Student Loan Relief

Can the Chapter 7 Debtor’s Bad Faith Constitutes “Cause” to dismiss the case under Code § 707(a).

February 14, 2015March 30, 2023 Mike Shovan

Yes. As reported by Robin Miller of CBAR, the Debtor’s bad faith is cause for dismissal of Chapter 7 case under Code § 707(a). The

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Bankruptcy & Student Loan Relief

Does the Evidentiary presumption of validity of proof of claim extend to the claims priority status?

February 14, 2015March 30, 2023 Mike Shovan

No. As reported by Robin Miller of CBAR, the evidentiary presumption of the validity of a claim that arises upon the proper filing of a

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Bankruptcy & Student Loan Relief

Under Illinois Law are Both the Refundable and Nonrefundable Portions of Debtor’s Federal Child Tax Credit are Exempt as “Public Assistance Benefit”?

February 14, 2015March 30, 2023 Mike Shovan

Yes. As reported by Robin Miller of CBAR, disagreeing with both In re Koch, 299 B.R. 523 (Bankr. C.D. Ill. 2003) (holding that the nonrefundable general

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Bankruptcy & Student Loan Relief

Can a Debtor Avoid a Lien under Code § 522(f) on Debtor’s Contingent Future Interests in Property?

February 14, 2015March 30, 2023 Mike Shovan

No. As reported by Robin Miller of CBAR, the Chapter 7 debtor could avoid, under Code § 522(f), a creditor’s judgment lien on homestead property

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Bankruptcy & Student Loan Relief Estate Planning

Is the Sale of Property under Code § 363(f) Limited to Property of the Estate?

February 14, 2015March 30, 2023 Mike Shovan

Yes. As reported by Robin Miller of CBAR, following the confirmation of the Chapter 13 debtor’s plan, the property of the estate revested in the

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Bankruptcy & Student Loan Relief

Does the Increase in the Value of an Asset considered income in a Chapter 13 Case?

February 14, 2015March 30, 2023 Mike Shovan

As reported by Robin Miller of CBAR, any increase in the cash surrender value of the Chapter 13 debtor’s life insurance policy was neither income

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Bankruptcy & Student Loan Relief

Can a Chapter 13 Debtor Treat an Equitable Mortgage (Land Contract) as a Mortgage Claim?

February 14, 2015March 30, 2023 Mike Shovan

According to Robing Miller of CBAR, under Illinois law, a quitclaim deed given to the mortgage lender by the debtor prepetition in connection with a

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