Category archive for ‘Bankruptcy Case Law and Analysis’ 
Jay S. Jump is mentioned in Lawyers Weekly
by Jay Jump on 3/11/10 | 1 Comment(s)
As a result of a former blog entry on this website, Jay S. Jump, an attorney in Washington State, and a contributor to the National Bankruptcy Forum, was interviewed for Lawyers Weekly USA on the Milavetz decision handed down by the Supreme Court earlier this week.
Click here to read the article.
Debt Buyer Practices
by Jay Jump on 3/11/10 | 0 Comment(s)
Initially, let me explain what a debt buyer is.
A debt buyer is a company or individual who purchases note paper. When you purchase a home, or a car, you sign a promissory note. This promissory note is what entitles the creditor to collect money from you for payment on the loan. Read more>>
Milvetz v. United States
by Jay Jump on 3/08/10 | 2 Comment(s)
A setback for debtors and debtors attorney’s everywhere.
This part is bad for the attorneys:
Attorneys who provide bankruptcy assistance to assisted persons are debt relief agencies under the BAPCPA. By definition, “bankruptcy assistance” includes several services commonly performed by attorneys, e.g., providing “advice, counsel, [or] document preparation,” §101(4A). Moreover, in enumerating specific exceptions to the debt-relief-agency Read more>>
Sixth Circuit Court of Appeals Looks At Student Loan Hardship Discharge in Chapter 13 Bankruptcy Cases
by Drew Broaddus on 2/26/10 | 0 Comment(s)
As various bankruptcy attorneys have discussed on this site, and as I recently discussed on our firm’s website, student loans are not usually discharged in bankruptcy. However, these debts can be discharged under limited circumstances through a hardship discharge. In the case of Jennifer Cassim v Educational Credit Management Corp., the U.S. Court of Appeals Read more>>
Someone Has Filed a Proof of Claim in My Bankruptcy Case. What Should I Do?
by Drew Broaddus on 2/12/10 | 0 Comment(s)
Last week on this site, I discussed In re: Wingerter. B-Line, LLC v. Wingerter, a recent Sixth Circuit Court of Appeals decision which addressed the issue of what creditors must do to file a valid proof of claim. The important feature of the Wingerter case, from a commercial debtor’s perspective, is that Chapter 7 and Read more>>
Sixth Circuit Court of Appeals Looks at Bankruptcy Proof of Claim Requirements in B-Line L.L.C. v Wingerter
by Drew Broaddus on 2/05/10 | 1 Comment(s)
As I recently discussed here, one important step in a Chapter 7 or Chapter 13 bankruptcy case is the filing of the “proof of claim.” A proof of claim is a document a creditor files with the Bankruptcy Court to prove that the debtor owes a debt to that particular person or entity. One recent Read more>>
Eastern District of Michigan Bankruptcy Court Issues Notice Regarding Tax Refunds in Chapter 13 Cases
by Drew Broaddus on 1/29/10 | 0 Comment(s)
On January 27, 2010, the U.S. Bankruptcy Court for the Eastern District of Michigan (which covers Detroit, Bay City, and Flint) posted a notice on its website regarding the treatment of tax refunds in Chapter 13 cases. The notice (available here) reports that on January 20, 2010, in an action brought by the Internal Revenue Read more>>
Adversary Actions for Debts obtained under false pretenses
by Jay Jump on 1/08/10 | 0 Comment(s)
Recently, I took on a case that involved a non-dischargeability action. They debtor had been accused of shorting his company some money and the other officers and directors were objecting to the discharge of the debt in the bankruptcy proceeding.
However, what the creditor’s didn’t realize is that the standards for dischargeability for false Read more>>
Why Chapter 13 Bankruptcy Has Your Second Mortgage Lender Feeling “Undersecured”
by Moderator on 12/23/09 | 2 Comment(s)
The current state of the law allows second and third mortgages to be modified in chapter 13 plans when the borrower is already underwater on a first mortgage.
The aftermath of the housing crisis has left Americans owing more than their homes are worth……often much more. With millions of American homes underwater and banks unwilling Read more>>
