Tag Archives: debtor

Motion to Compel Arbitration in Bankruptcy Court Denied (student loan debtor)

Court finds that former law student's claims for a determination that certain of her debts were discharged by operation of law because they are not student loans excluded from discharge under Bankruptcy Code Section 523(a)(8), and that the Defendants violated … Continue reading

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Insolvency Code: Beneficial Proceedings Relating to Corporate Debtor outside the Scope of Moratorium

[Aayush Mitruka is a lawyer based in Delhi] The Delhi High Court’s ruling in the case of Power Grid Corporation of India Limited Jyoti Structures Limited (11 December 2017) assumes importance because it is one of the very few decisions … Continue reading

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Chapter 7 Debtor Can Lose Right To Amend Schedules

If the debtor and his attorney screw up the debtor's exemption on his bankruptcy schedules the attorney usually can fix the problem by amending schedules. A bankruptcy court found that the right to amend can expire at some point in … Continue reading

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Chapter 13 Debtor May Avoid Lien Created by State Court Judgment on Manufactured Home – Dickson v. Countrywide Home Loans

Our Riverside County foreclosure defense attorneys were interested to see an appeals court decision affirming a victory for a mortgage borrower who sought to strip off a lien on her manufactured home. In Dickson v. Countrywide Home Loans, Countrywide unsuccessfully … Continue reading

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Refusal to testify at debtor exam shouldn't be punished as contempt, Oregon Court of Appeals holds

A witness at a debtor examination was improperly held in contempt for invoking her privilege against self-incrimination, according to a case decided today by the Oregon Court of Appeals. In Redwine v. Starboard, LLC, plaintiff obtained a judgment against Starboard … Continue reading

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