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Exempt assets not subject to absolute priority rule

George Basharis, JD | 13 Sep 2019 | Court Decisions

A debtor who offered $15,000 in new value to retain a home in which he had exempt equity far exceeding that amount was allo…

Offer to “Resolve” Time-Barred Debt Violates FDCPA

George Basharis, JD | 25 Apr 2019 | Court Decisions

A collection letter offering a debtor help to “resolve” a time-barred debt violated the Fair Debt Collection Practice Act,…

Debtors awarded attorney fees for challenging stay violation judgment

George Basharis, JD | 23 Jan 2019 | Court Decisions

Debtors were entitled to attorney fees for successfully challenging on appeal a bankruptcy court’s initial award of damages…

Trustee Permitted to Extend Deadline for Complaint She Could Not File

George Basharis, JD | 12 Dec 2018 | Court Decisions

A bankruptcy court in Illinois granted a Chapter 7 trustee’s request to extend the 60-day bar date for creditors to challen…

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…