Tag Archives: Debtors

New Median Income Figures are Out for Florida Bankruptcy Debtors – How to Qualify for a Chapter 7

The new median income figures are out this week.  Whether you are above or below these figures is not the only factor that is looked at however.  But many of the expenses allowable under the Means Test have increased and … Continue reading

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How do you value a Chapter 13 debtor’s business for purposes of the best interests of creditors test?

In a recent Michigan bankruptcy court decision, the court used the “going concern forced sale value” to value Chapter 13 debtor’s business for purpose of best interests of creditors test in Code § 1325(a)(4). The court was faced with determining … Continue reading

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Did a mortgage creditor violate the discharge injunction by including in its proof of claim charges that had been discharged in debtor’s prior case?

Yes. An Ohio bankruptcy court ruled that the debtor’s mortgage creditor violated the discharge injunction by including in its proof of claim charges that had been discharged in the debtor’s prior Chapter 13 case.  In making its decision, the court … Continue reading

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Single Moms Get Sucked Into the Cruelest Debtors’ Prison We’ve Ever Seen

In Lexington County, SC, moms struggling to make ends meet get jailed for weeks or months at a time when they can't afford to pay court fines and fees Twanda Marshinda Brown is a single mom in South Carolina who … Continue reading

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Debtors Lose? Third Circuit Rejects “Discovery Rule,” Restricts Period to Assert Federal Debt Collection Actions in Break With Fourth and Ninth Circuits

In an en banc decision issued last Tuesday, the Third Circuit held that civil actions alleging violations of the Fair Debt Collection Practices Act (FDCPA) must be filed within one year from the date of the violation’s occurrence – and … Continue reading

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