Category archive for ‘Bankruptcy Case Law and Analysis’ 
Bankruptcy Pleading Requirements In Light of Ashcroft
by Drew Broaddus on 8/21/10 | 0 Comment(s)
As discussed here, an adversary proceeding is essentially a civil complaint filed in the bankruptcy court. There are three parties in a bankruptcy court case who can file an adversary proceeding: a creditor, the Trustee, or the debtor. The filing of an adversary proceeding requires the Bankruptcy Judge to make a decision about the issues presented. When [...]
In Re: Werngerter and Proof of Claims in Bankruptcy
by Drew Broaddus on 8/20/10 | 0 Comment(s)
Recently at the National Bankruptcy Forum, 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. In that case, B-Line, LLC purchased a creditor’s claim against Gerald Wingerter and filed a proof of claim, based [...]
Student Loans, Co-signers and Undue Hardship
by Richard Stokan on 7/09/10 | Comments Off Comment(s)
As a general rule, student loans are “non-dischargeable” debt, which means the debt will remain after a Chapter 7 or Chapter 13 bankruptcy. This applies to both the original debtor and any co-signor. If you cosign on a student loan, filing for bankruptcy protection will not eliminate the debt. As with any debt involving a [...]
No Quick Fixes to Protect Assets
by Richard Stokan on 6/14/10 | 0 Comment(s)
One of the most common questions asked of a bankruptcy attorney is “what if I [fill in the blank] with this asset? Will I be able to keep it then?” As a general rule, when preparing to file for bankruptcy protection or initiating any legal proceeding for that matter, if it does not pass the [...]
When Can Credit Card Companies Challenge Your Discharge?
by Drew Broaddus on 5/21/10 | 1 Comment(s)
Nearly all of the individuals who visit our office have concerns about credit card debt. While this type of debt can typically be discharged through a Chapter 7 bankruptcy, this is not always the case. Credit card issuers sometimes challenge the discharge of their debt in bankruptcy by filing a lawsuit in the bankruptcy court [...]
Filing An Adversary Proceeding to Discharge Student Loan Debt
by Drew Broaddus on 5/07/10 | 1 Comment(s)
Student loans are not usually discharged in Chapter 7 bankruptcy. It is difficult, but not impossible, to do so if you can show that payment of the debt “will impose an undue hardship on you and your dependents.” See 11 U.S.C. § 523(a)(8). Whether a student loan is discharged based on hardship is not automatically [...]
Federal Rules of Civil Procedure Apply in Bankruptcy Adversary Proccedings
by Drew Broaddus on 4/30/10 | 0 Comment(s)
An adversary proceeding is essentially a civil complaint filed in the bankruptcy court. There are three parties in a bankruptcy court case who can file an adversary proceeding: a creditor, the Trustee, or the debtor. The filing of an adversarial proceeding requires the Bankruptcy Judge to make a decision about the issues presented. When a [...]
When Will a Bankruptcy Court Refuse to Confirm a Chapter 13 Plan?
by Drew Broaddus on 4/23/10 | 1 Comment(s)
As discussed previously here, Chapter 13 Bankruptcy is referred to as a wage earner’s Plan. It enables individuals with regular income to develop a repayment plan for all or part of their debts. Under this chapter, debtors propose a plan to make installments to creditors over three or five years. If the debtor ’s current [...]
More Changes Regarding Chapter 13 and Tax Returns in Michigan’s Eastern District
by Drew Broaddus on 3/26/10 | 0 Comment(s)
Until January 20, 2010 it was the practice of the U.S. Bankruptcy Court for the Eastern District of Michigan that, where a Chapter 13 confirmation order requires the turnover of a debtor’s tax refunds to the Trustee, the order also include a provision ordering the Internal Revenue Service to pay those refunds directly to the Trustee. On [...]
Breaking Down the Milavetz Decision Part 1: Debt Relief Agency = Bankruptcy Attorney?
by John O'Connor on 3/21/10 | 1 Comment(s)
Consumer Bankruptcy Attorneys Fall Under BACPA’s Definition of Debt Relief Agencies Bad legislation makes for bad jurisprudence. After all that has been said and written following Justice Satomayor’s recent incursion into the consumer bankruptcy world, perhaps this is the single most important lesson to be learned. BACPA may be a terrible piece of legislation, however, popular [...]
