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Bankruptcy & Student Loan Relief

Does a Post-Discharge Sheriff’s Sale of a Debtor’s Condominium Unit Violate the Discharge Injunction?

January 31, 2019March 30, 2023 Mike Shovan

The 6th Circuit Court of Appeals (BAP) held that the condominium associations scheduling of a post-discharge sheriff’s sale of the debtor’s unit to get a

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Bankruptcy & Student Loan Relief

Can the tax sale redemption amount be paid over the term of Chapter 13 plan?

January 30, 2019March 30, 2023 Mike Shovan

In a divided district, a Georgia bankruptcy court held that the tax sale purchaser held a secured claim that the plan could modify under Code

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Bankruptcy & Student Loan Relief

Can a Bankruptcy Court Award Emotional Distress Damages of $119,000 for Discharge Injunction Violations?

January 30, 2019March 30, 2023 Mike Shovan

Yes. The 9th Circuit Court recently held that the bankruptcy court’s award of $119,000 in emotional distress damages to a Chapter 7 debtor was reasonable

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Bankruptcy & Student Loan Relief

Can a Bankruptcy Court Impose Refiling Bar if a Debtor Files Four Consecutive Bare-Bones Bankruptcy Cases to Stop a Foreclosure Proceeding?

January 29, 2019March 30, 2023 Mike Shovan

Yes. In a recent decision, a North Carolina Bankruptcy Court imposed a one (1) year bar on the debtor’s ability to refile their case. The

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Bankruptcy & Student Loan Relief

Does a Credit Union’s policy of requiring payment of a discharged debt before the debtor can open a new account violate the Discharge Injunction?

January 25, 2019March 30, 2023 Mike Shovan

No. A New York bankruptcy court held that a credit union’s policy of not permitting a bankrupt debtor to open an account at the credit

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Discharge Student Loans

Can Parent Plus Loan payments be reduced?

January 25, 2019March 30, 2023 Mike Shovan

Yes. Parent Plus loans do not qualify for any income driven repayment plan. However, if you consolidate the loans into a qualifying loan, you can

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Bankruptcy & Student Loan Relief

Can an LLC judgment creditor “pierce the corporate veil” and hold a Chapter 7 debtor personally liable for that debt?

January 24, 2019March 30, 2023 Mike Shovan

It depends on the facts and circumstances of each case. An Oklahoma bankruptcy court held that a judgment creditor could not pierce the corporate veil

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