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Another Bankruptcy Judge Disregards Student Loans on Chapter 13 Eligibility

Student loan debtor ineligible for chapter 7 may pursue chapter 13 even with too much unsecured debt, Judge Catherine J. Furay says.

For Insufficient Notice, a Recorded Right of First Refusal Survived a Sale

Constructive notice deprived a purchaser of ‘bona fide’ status.

Veterans’ Benefits Are Included in Calculating ‘Disposable Income’ in Chapter 13

Congress must address unfairness to veterans, Judge Susan Kelley says.

Reimbursed Expenses Included in Calculating Median Income for Plan Duration

Debtor kicked into longer plan as a consequence of employer’s expense reimbursements.

In-Kind Income Excluded from Calculation of Current Monthly Income

Judge takes practical approach to decide what’s considered current monthly income.

Courts Split on Allowing Individual Debtors to Retain Wages on Conversion from 11 to 7

Question left open in Harris v. Viegelahn decided against debtor in chapter 11.

Arbitration Agreement Cannot Include Waiver of Dischargeability

On dischargeability, post-filing waivers work, but pre-filing ones don’t.