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Bankruptcy Rates in California

Direct Recovery

In addition to being the only way out for a wide range of individuals and businesses that find themselves in financial trouble, looking at overall bankruptcy rates can provide mountains of insight into the quality of the economy of a particular state. California had more bankruptcy filings than any other state in 2021 through May.

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Debtor Allowed to Make Voluntary Contributions to Retirement Fund While Repaying Creditors

ABI

In In re Marlena Joy Pizzo , the United States Bankruptcy Court for the District of South Carolina held that a debtor may voluntarily contribute to her retirement plan while paying creditors under a bankruptcy plan. [1] 6] The court referred to 11 U.S.C. 20-01758-HB, 2021 WL 2020297, at *1 (U.S. May 20, 2021). [2]

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Court: “Confusion, Stress, Concern, and Fear” Alone Are Not Enough to Create Concrete Injury Under FDCPA

Troutman Sanders

The plaintiff, an individual consumer, filed a chapter 7 bankruptcy petition, including in his schedules a debt for past-due rent for a former apartment. The bankruptcy was a matter of public record and was listed on his credit reports. 20-1524, 2021 U.S. LEXIS 7126 (7th Cir.

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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.” ” 11 U.S.C. § See 11 U.S.C. § March 25, 2021).

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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.” 18-3046, 2021 WL 1602880, at *4 (Bankr. (In

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Guaranty Recovery for SBA-Backed PPP Loans

Jimerson Firm

On July 15, 2021, the SBA issued its procedural notice regarding lender requests to the SBA for guaranty recovery of PPP loans. The PPP loan program has offered billions of dollars in assistance to small businesses across the country. However, many PPP borrowers have since begun defaulting on their loans.

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