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Bankruptcy court not authorized to deny exemptions based on debtor’s bad faith

George Basharis, JD | 5 Oct 2018 | Court Decisions

A bankruptcy court did not have the authority to deny exemptions based on a Chapter 7 debtor’s failure to disclose assets a…

Bankruptcy Chat: Supreme Court Approves Amendments to Bankruptcy Rules

George Basharis, JD | 27 Sep 2018 | Court Decisions, Spotlight

The U.S. Supreme Court earlier this year approved amendments to the Federal Rules of Bankruptcy Procedure that are expected…

SSA Setoff of Prepetition Benefits Upheld

George Basharis, JD | 4 Sep 2018 | Court Decisions

A bankruptcy court correctly calculated the amount of an overpayment the Social Security Administration could recover from…

Use of Strong-Arm Power Not Barred by Rooker-Feldman Doctrine

George Basharis, JD | 17 Aug 2018 | Court Decisions

The Rooker-Feldman doctrine did not prevent a bankruptcy court from considering whether a Chapter 13 debtor could use the B…

Check Cleared for Payment Post-Petition Avoidable

George Basharis, JD | 14 Aug 2018 | Court Decisions

A check issued by a debtor pre-petition that cleared the debtor’s bank for payment days after the debtor’s bankruptcy case…