The New Year brings 2018’s tax refunds, but what most Americans are concerned about is the decrease in tax returns this year that have dropped as much as 8 to 10 percent. The contesting results of both the government shutdown, new tax laws and people sending in refunds later in the year has caused a…

According to a recent study conducted by iSeeCars, here is the list of the top 10 used car buys: Ford Expedition — 38.5 percent savings used vs new — $24,690 difference used vs new. While only a slight edge in the percentage department, Ford’s Expedition doubled-up on the No. 2 lightly-used budget buy. Kia Sedona…

Yes. In a recent South Carolina bankruptcy decision, the court held that a secured creditor’s failure to object to its treatment in a Chapter 13 plan constitutes acceptance of the plan under Code § 1325(a)(5)(A). In re Stephens, Case No. 3:18-bk-1736 (Bankr. D. S.C., Oct. 16, 2018)

In a recent 9th Cir. B.A.P decision, the court held that a California state court judgment was not entitled to issue-preclusive effect as to the debtor’s fraud under California law. The state court made numerous findings of fraudulent conduct by the debtor. Nonetheless, in a nondischargeability proceeding under Code § 523(a)(2)(A), the court denied to…

In a recent Montana bankruptcy court ruling, does not prohibit creditors from applying Chapter 13 plan payments to outstanding postpetition interest prior to paying down the principal balance. Accordingly, where the debtors’ confirmed Chapter 13 plan did not modify the contractual rights of the debtors’ student loan creditor, the creditor did not violate the plan…

In a recent Alamba bankruptcy court ruling, the court ruled that the debtor is not obligated debtor to pay the lender’s bankruptcy-related attorney’s fees. The court relied on the four corners of the Chapter 13 debtor’s mortgage finding that there existed no unambiguous language rendering the borrower liable for attorney’s fees incurred by the lender…

Courts will consider several factors when determining whether to permissively abstain under 28 U.S.C. § 1334(c)(1) from hearing a proceeding, including: (1) the effect of abstention on the efficient administration of the bankruptcy estate; (2) the extent to which state law issues predominate over bankruptcy issues; (3) the difficulty or unsettled nature of the applicable…