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Bankruptcy & Student Loan Relief

Must a Motion requesting an Order of Abandonment under Code § 554(b) be served on all creditors and will the Order be Revoked is Propert Service was not Given?

March 3, 2013April 6, 2023 Mike Shovan

Yes. When a creditor or other interested party seeks an order from the court abandoning property from the bankruptcy estate under Code § 554(b), Bankruptcy

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Bankruptcy & Student Loan Relief

Can a Chapter 13 Claim may be valued under Code § 506(a) when no proof of claim has been filed?

March 3, 2013March 30, 2023 Mike Shovan

Because Code § 506(a) states that “[a]n allowed claim of a creditor secured by a lien on property in which the estate has an interest

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Bankruptcy & Student Loan Relief

Can a Claim may be “provided for” in a Chapter 13 plan be Discharged even where no proof of claim is filed?

March 3, 2013March 30, 2023 Mike Shovan

Yes, according to a recent decision from the ND of Illinios, the Court reld on the 10th Ciruict holding in In re Dixon, 218 B.R.

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Bankruptcy & Student Loan Relief

What Chapter 13 provision allows for the “stripping” of unsecured liens? And, when is the lien actually stripped?

March 3, 2013March 30, 2023 Mike Shovan

Chapter 13 debtor may strip unsecured lien under Code § 1322(b)(2), but not § 506(d). Further, stripping an unsecured lien in Chapter 13 requires that

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Bankruptcy & Student Loan Relief

Is Social-Host Liability Non-Dischargeable under Code § 523(a)(6)?

March 3, 2013March 30, 2023 Mike Shovan

In a recent Wisconsin cae, the Bankrupcy Court said no. The creditors failed to show that the debtor’s potential social-host liability for the death of

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Bankruptcy & Student Loan Relief

A Chapter 13 Debtor Cannot Use Income Available from Paying Off a 401(k) Loan to Contribute to Their 401(k) Plan!

February 4, 2013March 30, 2023 Mike Shovan

In Seaport v Burden, a 6th Circuit case from 2012, the Court held that Chapter 13 of the Bankruptcy Code permits individuals with regular income

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Bankruptcy & Student Loan Relief

If you the US Government any money, make sure you file Bankruptcy before you file your Income Tax Return!

January 29, 2013March 30, 2023 Mike Shovan

In a recent case in the Western District of Michigan, a Bankruptcy judge ruled that the US Government had the right to set off a

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