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Bankruptcy & Student Loan Relief Discharge Student Loans

Can a Debtor Establish “Undue Hardship” Despite the Availability of an “Income-Based Repayment” Program with No Payment Due in a Bankruptcy Proceeding?

September 1, 2014March 30, 2023 Mike Shovan

Yes! As reported by Robin Miller of CBAR, affirming  In re Al-Riyami, 2014 WL 2800815 (Bankr. M.D. Ala., Jan. 6, 2014), the district court found

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Bankruptcy & Student Loan Relief

What are the Factors in Determining Whether a Divorce Provision Constitutes Support or a Property Settlement?

September 1, 2014March 30, 2023 Mike Shovan

As reported by Robin Miller of CBAR, a Florida Bankruptcy judge has helped to distinguish between a divorce support provision or a property settlement agreement. If

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Bankruptcy & Student Loan Relief

Can a Debtor be Judicially Estopped from Prosecuting an Undisclosed Employment Discrimination Claim?

September 1, 2014March 30, 2023 Mike Shovan

Yes. As reported by Robin Miller of CBAR, a Chapter 13 debtor was judicially estopped from prosecuting her employment discrimination claim where she obtained confirmation

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Bankruptcy & Student Loan Relief

Do I have to Reopen my Chapter 7 Bankruptcy in Michigan and add a Creditor if I Forget to List that Creditor?

August 29, 2014March 30, 2023 Mike Shovan

No.  The 6th Circuit has established an “omitted creditors rule” in the case In re Madaj, 149 F3d 467 (1998). Here is a summary of

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Discharge Student Loans

Student Debt Threatens the Safety Net for Elderly Americans According to Bloomberg

August 12, 2014March 30, 2023 Mike Shovan

As reported by Natalie Kitroeff from Bloomberg Businessweek, student debt is growing faster for seniors than for any other age group, according to the latest

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Bankruptcy & Student Loan Relief

Is a Debtor Judicially Estopped from Prosecuting Undisclosed Prepetition Causes of Action where Debtor’s Bankruptcy Case has been Dismissed?

August 8, 2014March 30, 2023 Mike Shovan

As reported by Robin Miller of CBAR: Although the debtor had failed to schedule her prepetition claims against her mortgage creditors in her prior Chapter

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Bankruptcy & Student Loan Relief

What Is The Difference Between a Bankruptcy Case That is Closed Versus One That is Dismissed?

August 8, 2014March 30, 2023 Mike Shovan

As reported by Robin Miller with CBAR: Distinguishing a bankruptcy case that is closed from one that is dismissed, and reaching a conclusion that is

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