Eastern District of Michigan Bankruptcy Court Judge Mark Randon ruled that the “super discharge” provisions of Chapter 13 operate to discharge the quadruple damage penalty assessed by the Michigan Unemployment Insurance Agency. The Michigan Unemployment Insurance Agency (“the Agency”) determined that the debtor was overpaid $6,897.00 in unemployment benefits because she intentionally failed to report…
Bankruptcy and The Bible
Bankruptcy and the Bible We live in a time like no other. Here in Michigan, many of us are struggling to just to keep up with our day to day living expenses. As a result of divorce, job loss or illness, many of us have incurred debts that we can never repay. Many Christians feel…
In Sixth Circuit, “willful” and “malicious” are Distinct Components of Code § 523(a)(6) – providing for the non-dischargeability of a claim
In assessing the applicability of Code § 523(a)(6), some circuits have essentially collapsed the terms “willful” and “malicious,” applying a unitary test. See, e.g., In re McClendon, 765 F.3d 501 (5th Cir. 2014) (applying the unitary standard and “defining a willful and malicious injury as one where there is either an objective substantial certainty of…
Court awards damages for continuing violation of stay by U.S. Department of Education
U.S. Department of Education and its servicers do not have sovereign immunity to claim for violation of automatic stay: The U.S. Department of Education and its servicers in this case were governmental units as defined in Code § 101(27), and Code § 106(a) unmistakably abrogated the Department’s sovereign immunity. Loan servicers FedLoan Servicing and Navient,…
The Secure Act
The Secure Act was signed into law on December 20, 2019, and it could change the treatment of your pre-tax retirement accounts. The Act eliminates “Stretch IRA’s.” Hiers who inherited traditional IRA’s could stretch the IRA Required Minimum Distributions over their lifetime. For example, if a grandfather leaves his traditional IRA to his 25 year-old…
NACBA Calls to Restore the Student Loan Bankruptcy Discharge
Krista D’Amelio | Latest News | June 25, 2019 Today, the National Association of Consumer Bankruptcy Attorneys (NACBA) was given the opportunity to testify before the House Judiciary Committee Subcommittee on Antitrust, Commercial and Administrative Law during the hearing “Oversight of Bankruptcy Law and Legislative Proposals”. NACBA’s Vice President, Ed Boltz, as well as the…
The Student Borrower Bankruptcy Relief Act of 2019
WASHINGTON – U.S. Senators Dick Durbin (D-IL) and Elizabeth Warren (D-MA), and U.S. Representatives Jerrold Nadler (D-NY-01), and John Katko (R-NY-24) today introduced a bicameral bill that would give Americans overwhelmed by student loan debt the option of obtaining meaningful bankruptcy relief. The Student Borrower Bankruptcy Relief Act of 2019 would eliminate the section of…
What is the Automatic Stay?
The filing of a bankruptcy petition “operates as a stay, applicable to all entities, of the commencement or continuation . . . of a judicial, administrative, or other action or proceeding against the debtor . . . to recover a claim against the debtor that arose before the commencementof the case under this title ….
Why Is Personal Bankruptcy Your Best Choice?
If you are among the millions of people considering bankruptcy as a way to deal with an overwhelming financial situation, rest assured that filing personal bankruptcy may be the best thing you can do for yourself! Don’t delay filing for bankruptcy. The longer you wait to file, the more debt you will incur and the…