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Bankruptcy & Student Loan Relief

Ohio Court rules that Debtor’s “life estate” in residential property held by trust was sufficient for debtor to claim exemption in her lifetime interest in property

December 28, 2018March 30, 2023 Mike Shovan
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Bankruptcy & Student Loan Relief

What happens when a Chapter 13 debtor gets divorced while their bankruptcy case was pending?

December 26, 2018March 30, 2023 Mike Shovan

The dissolution of a marriage is not subject to the automatic stay pursuant to Code § 362(b)(2)(A)(iv). Child custody determinations are not subject to the

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Discharge Student Loans

Can a Student Loan Creditor Compel Arbitration pursuant to contract provisions?

December 19, 2018March 30, 2023 Mike Shovan

The Bankruptcy Court in Indiana denied the student loan creditor’s motion to compel arbitration of the debtor’s dischargeability proceeding under Code § 523(a)(8). The Roth

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Bankruptcy & Student Loan Relief

Can I keep my securities license if I file bankruptcy?

December 18, 2018March 30, 2023 Mike Shovan

According to the Financial Industry Regulatory Authority (FINRA) By-Law, Article III, Section 4, filing for bankruptcy is not an event that would disqualify an individual

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Bankruptcy & Student Loan Relief

What does a Proof of Claim regarding an automobile have to show to allow for treatment as a secured claim?

November 1, 2017March 30, 2023 Mike Shovan

In a recent case before Judge Daniel S. Opperman, Chapter 13 Trustee, Thomas W. McDonald, Jr., objected to the Proof of Claim filed by the

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Bankruptcy & Student Loan Relief

What happens to my Federal Income Tax Refund after I file a Chapter 13 Bankruptcy and I still owe the IRS Pre-Petition Income Taxes?

June 6, 2016March 30, 2023 Mike Shovan

In the Eastern District of Michigan, Judge Opperman concluded that the IRS permitted to set off prepetition tax refunds against prepetition debts. However, the IRS

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Bankruptcy & Student Loan Relief

WHY REAFFIRM A MORTGAGE LOAN IN MICHIGAN?

April 5, 2016March 30, 2023 Mike Shovan

Entering into a reaffirmation agreement on a fixed term mortgage is not generally advised.  The vast majority of attorneys will advise their clients not to

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