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What Can I Keep if I File For Chapter 7 Bankruptcy?

Sawin & Shea

Filing for bankruptcy can provide you with a much-needed second chance when it comes to your finances. However, the process of going through Chapter 7 can be complicated and stressful to ensure you can keep what you need to continue living your life even after bankruptcy. What is Chapter 7 Bankruptcy?

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Florida Bankruptcy Court Sanctions Debt Buyer for Seeking to Collect Debt that Consumer Failed to Schedule in Bankruptcy Case

Troutman Sanders

The debt purchaser in In re McIntosh argued that because it was enforcing a debt that was not listed correctly on the debtor’s bankruptcy schedules, it was entitled to assume the debt had not been discharged. As background, in 2002, the debtor and her then-spouse jointly filed a “no asset” Chapter 7 bankruptcy petition.

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Supreme Court Holds Debtor Who is Liable for Fraud Cannot Discharge That Debt in Bankruptcy

Troutman Sanders

In a unanimous decision, the Supreme Court held that § 523(a)(2)(A) of the Bankruptcy Code precludes a debtor from discharging a debt obtained by fraud, regardless of the debtor’s own culpability. As background, in 2005, the debtor and her then-boyfriend jointly purchased a house in San Francisco. In Bartenwerfer v.

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10 Common Questions About Bankruptcy

Debt Free Colorado

Find Out the 10 Common Questions About Bankruptcy with Colorado Bankruptcy Lawyers. The decision to file for bankruptcy is a significant one, and we are here to assist you in determining whether bankruptcy is the best course of action for your circumstances. Do bankruptcies come in different types?

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How Bankruptcy Can Help Reinstate A Suspended Colorado Driver’s License

Debt Free Colorado

A bankruptcy can help you get your license reinstated right away. Generally, “no new license shall be issued to such person unless and until such judgment is satisfied or vacated or execution therein stayed and proof of financial responsibility given.” the bankruptcy eliminates the requirement that you pay off the debt.

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Appeals Court Rules That a Discharge Injunction Bars a Fraudulent Transfer Claim Based on a Non-Dischargeable Debt

PBWT

A discharge of debt in bankruptcy “operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset any such debt as a personal liability of the debtor.” The plaintiffs appealed the judgments on the fraudulent transfer claims.

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Discharging Student Loan Debt: The Brunner Test

ABI

American Bankruptcy Institute Law Review Staff. . . Generally, student loan debt will not be discharged in a case under title 11 of the United States Code (the “Bankruptcy Code”) unless there is a showing of “undue hardship on the debtor and debtor’s dependents.” Julia Merani. 1] In Hull v. 1] In Hull v.