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April 17, 2019

Judge Hunt in Chicago tells debtors’ counsel to oppose inclusion of unjustifiable provisions in chapter 13 plans, even if it means contested confirmation hearings.

April 15, 2019

Are there two tests for the existence of a claim, one test for claims against the debtor and another test for claims by the debtor?

April 10, 2019

The logic of Harris v. Viegelahn doesn’t mean that chapter 13 debtors receive distributions refunded by creditors.

April 08, 2019

Courts are split on denying a chapter 13 discharge for missing payments made directly to the mortgagee.

March 08, 2019

Sanctions weren’t justified for attempting to collect a time-barred tax claim.

February 20, 2019

Arguably ignoring Sections 506(a) and 506(d), Dewsnup barred chapter 7 debtors from stripping down undersecured mortgages.

February 11, 2019

A ‘cert’ petition asks the high court to overrule Dewsnup and allow chapter 7 debtors to strip down or strip off undersecured mortgages.

January 03, 2019

In some circuits, never intending to repay a loan can result in nondischargeability under Section 523(a)(6).

December 13, 2018

By implication, the Eleventh Circuit would allow a general chapter 13 discharge to a debtor who defaults on direct mortgage payments, an issue where lower courts are split.

December 11, 2018

Tenth Circuit lays out the elements of denial of discharge for failure to obey an order.