On May 29, 2018, the United States Court of Appeals for the Sixth Circuit issued a ruling affirming lower court decisions that penalties assessed by the State of Michigan for fraudulent collection of unemployment compensation are non-dischargeable under bankruptcy. The ruling came from two separate cases that were addressed together in a consolidated opinion in […]
Bankruptcy Works Long Term For Those Who Make Changes
An article published yesterday on CNBC’s website titled “Puerto Rico needs reform, not bankruptcy protection” discusses the non-bankruptcy changes that Puerto Rico can take to financially stabilize its government. While it would be unfair for me to discuss Puerto Rico’s finances, as I am not familiar with the subject, it does bring up the topic […]
No Relief from Student Loan Lenders for Hardship Bankruptcy Filers
The National National Association of Consumer Bankruptcy Attorneys (NACBA) has issued a statement on its website bringing issue with the Department of Education’s role in fighting Student Loan discharge in consumer bankruptcy filings. Under the bankruptcy code, the filer’s bankruptcy attorney has to bring an action called an adversary proceeding against the student loan lenders […]
Bankruptcy Amendments From 2005 Affecting 2016 Presidential Race
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) may now play an important role in the 2016 presidential race. Vice President Joe Biden, then Senator Biden, championed the bill. Now, he is trying to win support for his potential presidential bid from some of his biggest critics, mainly Senator Elizabeth Warren. The […]
Bankruptcy Courts Holding Large Sums for Creditors Yet to Claim Funds
The Wall Street Journal has an article regarding unclaimed funds currently held by bankruptcy courts. Bankruptcy lawyers typically file claims on behalf of their clients, yet if an address changes, or if the creditor does not cash disbursement checks, the funds are turned over to the bankruptcy court to sit on account. Eventually, these bankruptcy […]
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