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In my previous blog, I had written about how a San Diego Bankruptcy Court ruled last week that a Chapter 13 plan could not be used to bind a 506 value on a creditor unless it was 1) “clearly and conspicuously stated in the plan,” and 2) the creditor is served in the same manner as lawsuits [...]
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The AARP has a new campaign on TV and the Internet about the high number of bankruptcies caused by medical bills. This is contrary to the position in the study that Andy Miofsky spoke of in his article Is Bankruptcy Reform Around the Corner? That study links high debt to bankruptcy. [...]
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Kansas has four conflict decisions among the many decisions written on the propriety of taking the car ownership allowance on the means test if your car is paid for and has no lien upon it. Last week, one Kansas judge reversed herself to follow a BAP opinion.
The Bankruptcy Appellate Panel for the U.S. Circuit [...]
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On August 25, 2008, Judge Adler in the Southern District of Southern California Bankruptcy Court issued a published decision on lien stripping in a chapter 13 case, In re Pereira, 08-03059. In that decision, without authority or direction to any Bankruptcy Code provisions, the Court held that confirmation can not take place until after after [...]
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An earlier post discussed what would happen if a debtor’s income increased significantly. Quite frankly, that just doesn’t happen to most of my clients….they usually have decreased income due to lay-off, unemployment, illness, divorce, or a death of the family wage-earner.
Does this mean the Chapter 13 Plan which was carefully set up calculating all income [...]
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Get ready for a political tussle, the winds of bankruptcy reform are blowing. Jim Wasserman over at sacbee.com profiles a study that blames overspending as the leading cause of bankruptcy. The report was written by associate professor of management Ning Zhu from UC Davis, Graduate School of Management. Zhu claims debt caused over half of [...]