Bankruptcy

Relief from Automatic Stay in Bankruptcy

One of the most purposeful and effective tools in bankruptcy is the “automatic stay.”  When a debtor files for bankruptcy, the “automatic stay”, codified in 11 U.S.C. § 362, operates to “stay” any collection or assessment efforts of creditors against the Debtor.  For example, if a debtor was facing a […]

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Circuit Court split over Student Loan Debt in Bankruptcy

The rise in cost for higher education has resulted in more than one trillion dollars of student loan debt in this country and continues to grow; it is only second to the mortgage debt. Kevin J. Smith, Defining the Brunner Test’s Three Parts: Time to Set a National Standard for […]

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Exceptions to Discharge in Bankruptcy

One of the benefits of the Bankruptcy Code is that debtors are able to discharge certain debts, and have a fresh start.  A discharged debt means that the debtor is no longer liable for that particular debt.  When a debtor files for bankruptcy under Chapter 7, 11, and 13, certain […]

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