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Student loans discharged even when Debtor was not required to make payments on loans

In Murphy v. United States, 15-11240-j7 (Bankr. D. N.M. June 1, 2018), the Bankruptcy Court in New Mexico held that a debtor who was not obligated to make payments on student loans because she qualified for a -0- payment under an Income Based Repaym… Read More
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Supreme Court Sets a Trap for the Unwary Debtor

“One of the ‘main purpose[s]’ of the federal bankruptcy system is ‘to aid the unfortunate debtor by giving him a fresh start in life, free from debts, except of a certain character.’” Lamar, Archer & Cofrin, LLP v. Appling, 584 U.S. _… Read More
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Chicago Court orders City to surrender vehicle to Debtor notwithstanding asserted possessory lien to secure traffic tickets

In a recent case, Judge Schmetterer held in In re Cross, Adversary No. 18 AP 00154, that the City of Chicago did not have the right to retain a chapter 13 debtor’s vehicle to protect its possessory lien on the car that allegedly secured paymen… Read More
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Ariane Holtschlag Interviewed at ABI Winter Meeting

We are proud to share an exclusive interview conducted by Bill Rochelle of the ABI with Ariane Holtschlag, FactorLaw’s bankruptcy attorney, regarding some of the cutting edge consumer issues in the Northern District of Illinois. Watch the inter… Read More
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Boston Judge Allows Conversion to Chapter 13 Just to Prevent the Sale of a Home

As reported by the American Bankruptcy Institute on December 29 2017, a Boston Judge Allows Conversion to Chapter 13 Just to Prevent the Sale of a Home Consumers are entitled to convert a chapter 7 case to chapter 13 even if the only reason is to pre… Read More
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New Discovery Rules in Chicago's Federal Court

The District Court for the Northern District of Illinois just changed the discovery rules for how and when parties can get information and documents from their opponents in federal lawsuits. If you are involved in a federal lawsuit, it is important t… Read More
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Credit Scores May Improve After Bankruptcy

One question people often have about bankruptcy is how it will affect their credit scores. In a recent article (link), Paul Goldsmith-Pinkham, an economist with the Federal Reserve Bank of New York’s Research and Statistics Group, shows that credit… Read More
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Seventh Circuit gives unto CEOC an appellate victory on bankruptcy court equitable powers

Caesar’s Entertainment Operating Company (along with numerous affiliates, collectively “CEOC”) filed the largest bankruptcy in Chicago’s bankruptcy court in recent memory. Large chapter 11 filings in Chicago have been rare ever since the Kmar… Read More
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James Liu Joins FactorLaw

Attorney James Liu joined FactorLaw as an associate in the Downtown office effective October 12, 2015.  Prior to joining FactorLaw, James was a Judicial Clerk for the Honorable Jack B. Schmetterer of the United States Bankruptcy Court for the Northe… Read More
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Categories: News, Uncategorized

SUPREME COURT WILL DECIDE WHETHER ACTUAL FRAUDULENT CONVEYANCES CREATE NONDISCHARGEABLE DEBTS

The Supreme Court has agreed to decide whether a transfer designed to hinder, delay or defraud a creditor renders the amounts owed to the creditor non-dischargeable. Read More
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