As I have discussed in the past, student loan debt forgiveness (discharge) in Bankruptcy is taken on a case by case basis. An attorney with an MBA was able to discharge $264,000 in student loan debt since the Court decided that the debtor’s “dismal circumstances will persist.” Facts: 56 year old attorney (debtor) had $74,000.00 […]
Facts: Debtor filed for Chapter 7 and received a Discharge Shortly after, Trustee filed motion seeking turnover of income tax refund. Court Ordered the non-exempt portion of the refunds be paid in lump sum to Trustee Debtor made partial payments but did not make all the payments Trustee filed Order to Revoke Debtor’s Chapter 7 […]
One of the major lenders, Wells Fargo, recently was attempting to modify a Debtor’s loan in a Chapter 13 bankruptcy Case. Wells Fargo filed a Notice of Mortgage Payment Change with the Court in order to notify all parties to the case of the loan modification. This loan modification called for a monthly increase in […]
There was a case wherein Chapter 7 debtors owned a funeral home. The real and personal property were to be sold at a Bankruptcy Auction. The time within which the Trustee had authority to operate the funeral home was about to expire. At the auction, Bidder #1 was the highest bidder and was approved to […]
