In Murphy v. United States, 15-11240-j7 (Bankr. D. N.M. June 1, 2018), the Bankruptcy Court in New Mexico held that a debtor who was not obligated to make payments on student loans because she qualified for a -0- payment under an Income Based Repayme…
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“One of the ‘main purpose[s]’ of the federal bankruptcy system is ‘to aid the unfortunate debtor by giving him a fresh start in life, free from debts, except of a certain character.’” Lamar, Archer & Cofrin, LLP v. Appling, 584 U.S. _…
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According to the American Bankruptcy Institute: A staggering number of American homeowners remain underwater on their mortgages a decade after the housing bubble burst, Bloomberg News reported. Almost 4.5 million households — or 9.1 percent — owe…
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In a recent case, Judge Schmetterer held in In re Cross, Adversary No. 18 AP 00154, that the City of Chicago did not have the right to retain a chapter 13 debtor’s vehicle to protect its possessory lien on the car that allegedly secured payment…
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According to a May 30, 2018 article in Illinois Patch, Illinois is among the top 10 states where residents have the most credit card debt. That’s according to a report released Tuesday by New York Comptroller Thomas DiNapoli. According to the s…
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As reported by Rochelle’s Daily Wire on May 23, 2018, Bankruptcy judges in California and Chicago disagree on whether parties to a civil union or domestic partnership are “spouses” eligible to file a joint bankruptcy petition. In the Chicag…
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According to an article published in Pro Publica, a consumer’s inability to pay attorneys’ fees prevents many consumers from filing for bankruptcy. This phenomenon has spawned considerable debate about the appropriate “fix”, b…
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In re Thompson, from the District of Massachusetts (17-11318-MSH), the court rejected a plan that delayed the surrender of a house so the debtor’s child could finish high school without moving. The court reasoned, among other things, that ̶…
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In In re Patricia G. Olson, 3:17-bk-50081-BTB (Bankr. D. Nev. 2017), the debtor was 92 years old, legally blind, and a resident of an assisted living facility. She filed bankruptcy to stop foreclosure on a commercial property in Lake Tahoe, Californi…
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Consumers should be careful about who they hire for bankruptcy assistance. According to the American Bankruptcy Institute: A national consumer bankruptcy law firm and its local partner attorneys were sanctioned and enjoined by the U.S. Bankruptcy Cou…
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