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Post date: Friday, May 14, 2021

On March 25, 2021, the Eleventh Circuit Court of Appeals ruled that a chapter 7 discharge prohibits the holders of a nondischargeable debt from suing the debtor post-discharge to collect a judgment. Specifically, the ruling in Suvicmon Dev. Inc. v.

Post date: Friday, May 14, 2021

In re Horvath[1] provides a cautionary tale for debtors who seek to address judgment liens post-discharge, whether strategically or due to pre-filing negligence.

Post date: Wednesday, February 24, 2021

In the wreck of the Great Recession, numerous borrowers sought to avoid their homestead’s foreclosure despite material payment defaults. Many took advantage of chapter 13, which empowers, inter alia, an individual with a regular income to cure precisely such failures over time under § 1322 (b)(5).

Post date: Wednesday, February 24, 2021

One year into the economic crisis caused by the COVID-19 pandemic, unemployment rates have already surpassed the high levels seen during the Great Recession in 2009. [1] Like everyone in this country and around the world, debtors are struggling.

Post date: Wednesday, February 24, 2021

When a debtor reaffirms a dischargeable debt, this means the obligation will survive discharge and continue to be enforceable.

Post date: Wednesday, February 24, 2021

The Consolidated Appropriations Act of 2021 (CAA), which passed in Congress on Dec. 27, 2020, introduced some noteworthy additions to the Bankruptcy Code. One such issue is the changing relationship between chapter 13 debtors and mortgage lenders when it comes to forbearance requests under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).

Post date: Wednesday, February 24, 2021

Regarding chapter 13, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) in part allows chapter 13 debtors experiencing a material financial hardship as a result of the COVID-19 pandemic to modify the length of their bankruptcy plan to a maximum of 84 months [1], up to an additional 24 months if the plan was initially s

Post date: Thursday, October 29, 2020
Photo of Shirley Palumbo, Esq. LL.M.
Shirley Palumbo, Esq. LL.M.

On Oct. 13, 2020, the U.S. Supreme Court heard oral argument that may alter the way bankruptcy courts interpret possession and control under Bankruptcy Code § 362(a)(3), and the right of turnover under the ambit of § 542(a). In Chicago v.

Post date: Thursday, October 29, 2020

The Child Tax Credit statute (CTC), codified in 26 U.S.C. § 24, has received varying degrees of protection in bankruptcy proceedings. Consumer debtors receiving a tax refund attributable to the statute must decide how to treat tax refund proceeds early on in their bankruptcy proceeding.

Post date: Thursday, October 29, 2020

The extensive 2017 changes to the Bankruptcy Rules included a model chapter 13 plan. These changes were designed to bring more uniformity to chapter 13 practice. Uniformity is helpful for both consumers and creditors alike; where courts agree on a majority practice across the country, national lenders become more efficient in their practices.

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