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Michael Barnett
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Elements of 523(a)(2)(A) fraud claim
  Judge Glen discussed the required elements of a nondischargeability claim under §523(a)(2)(A) in I n re: Thomas A. Cascio Linda L. Steigman, Debtor. Frances R. Bernacchi, Plaintiff, v. Thomas A. Cascio Linda L. Steigman, Defendants. , No. 3:16-AP-108-PMG,...

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Chapter 13 debtor not liable for postpetition homeowners assessments where surrender property and possession prefiling
  One of the most vexing issues in bankruptcy is the continued liability for post-petition homeowners assessments on property the debtor is attempting to surrender, when the mortgage company refuses to timely foreclose on the property.  A court in Indiana h...

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Debtor Attorney Sanctioned under 9011 for Signing Reaffirmation Agreement
  A Judge in North Carolina sanctioned a debtor's attorney under Rule 9011 regarding the signing and filing of a reaffirmation agreement with Ally Financial.   In re Griffin , No. 16-11017, 2017 WL 56049 (Bankr. M.D.N.C. Jan. 4, 2017).  The Court noted a nu...

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Caution to Debtor Attorneys: 9011 sanctions for bad faith filing re child support obligation
   A debtor attorney and debtor were jointly sanctions $5,793.75 in creditor's fees for a bad faith chapter 13 filing in  In re: Phillip Wayne Lockhart, Jr. , No. 16-32803(1)(13), 2017 WL 187560 (Bankr. W.D. Ky. Jan. 17, 2017).  The debtor has filed chapter...

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4th Circuit allows full means test allowance regardless of actual expense
   The 4th Circuit Court of Appeals has ruled that the allowed expenses for the means test is the amount allowed by the National and Local standards, even if the debtor's actual expense is less.   MARJORIE K. LYNCH, Bankr. Adm'r for the E. Dist. of N. Carol...

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Eligibility for chapter 12 Farm bankruptcy - horse ranch
    Chapter 12 cases can be advantageous in a number of respects for qualifying debtors.  Some of the advantages of chapter 12 for farmers include streamlined procedures allowing lower costs than chapter 11 for debtors exceeding the debt limits of chapter 1...

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What's allowed in a Qualified Written Request or Request for Information
  In  Watson v. Bank of Am., N.A. , No. 16CV513-GPC(MDD), 2016 WL 6581846 (S.D. Cal. Nov. 7, 2016) the Court delved into the requirements for a request for information and qualified written request and what response is required.  In this non-bankruptcy case...

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Failure to turnover refund in prior dismissed chapter 13 as basis for dismissal of subsequent 7 case under 11 U.S.C. 727(a)(2)(A)
   A case which could cause problems for Debtors came out of the 2nd Circuit this week.  In  STEPHEN W. RUPP, Tr. of the Chapter 7 Bankr. Estate of Teresa Lynn Pearson, Appellant, v. TERESA LYNN PEARSON, Appellee. , No. 15-4191, 2016 WL 6576390 (10th Cir. N...

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Lien Stripping of Mortgage on Property with Co-owner at time of Filing allowed
  Judge Gravelle of the Bankruptcy Court in New Jersey ruled that a 2nd mortgage secured by property that was owned by debtor and a non-filing ex-spouse of the Debtor can be stripped in a chapter 13 case.   In re Mensah-Narh , No. 15-33385 (CMG), 2016 WL 53...
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