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Articles Posted in Chapter 13 Bankruptcy

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What is a Rule 2004 Exam in Bankruptcy and How do I prepare?

Basically, a Rule 2004 exam is just like any other deposition.  In every bankruptcy case, a 341 creditors meeting is set approximately five weeks after a bankruptcy petition is filed.  A 341 examination is usually short (about 15 minutes on average) and viewed as the only opportunity for a creditor,…

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Post Bankruptcy — Don’t Just Pay – Often a Collections Law Violation!

We received this inquiry today from a fellow bankruptcy attorney: I have a client who had a Chapter 13, which due to it being a 100% plan, ended off paying off the Proof of Claim Amount at 100% in the bankruptcy. Years later, (Insert Private Student Loan Company Here) is…

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Florida Foreclosure Help

The FHA Covid-19 Forbearances allow for reduced or suspended payments without specific terms of repayment, for six months at a time, up to 18 months.  Deadline for applications was May 11, 2023.  The end of the health emergency is now over.  If you’ve lost your income, job change or divorce…

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Bankruptcy Audits have Resumed March 13, 2023

The United States Trustee Program (USTP) has resumed audits of individual chapter 7 and chapter 13 bankruptcy cases under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 on March 13 ,2023. What does this mean if your case is selected? The USTP contracts with independent firms, utilizing certified…

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Is Your Crypto Tied up in a Bankruptcy?

A bankruptcy claims trading platform called Xclaim just closed a $7 million fund raising round after adding a focus toward crypto claims. If you have funds stuck in one of several centralized crypto related companies which filed bankruptcy last year, this may be of interest to you.  I have no…

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Would you Pay $2,500 to Finally Get Rid of your Federal Student Loans in Bankruptcy?

“It is now time”, states Judge Klein who is charting a path for discharging student loans without being reversed.  For years, bankruptcy judges were wary of ruling in favor of debtors who asked for a discharge of federal student loan debt.  In part, because those Judges knew their rulings would…

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Wanting to Know More About Discharging Federal Student Loan Debt in a Bankruptcy?

By now everyone (our attorney friends) has probably watched a CLE on the new DOJ Guidance to discharge federal student loans, but do you really understand how to do the process? We are on a panel set up by the Bransons in Orlando doing an all-day workshop via Zoom on…

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House Rich, Cash Poor?

Home sellers and home buyers are likely both waiting for some kind of change in the financing markets right now. Those homeowners locked in with low rates do not wish to sell, but cannot maintain a standard of living with their current income and increased expenses.  They may not qualify…

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