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Table of Contents
Jurisdiction | United States |
Table of Contents
Introduction..................................................................................................................8
Chapter 1: Exceptions to Discharge....................................................................9
A. The Necessary Elements for Collateral Estoppel in Michigan Bankruptcy Adversary Proceedings.....................................................10
B. In re Colsen and the Circuit Court Split Defining a Tax "Return".........................13
C. When Acting in Good Faith Isn't Enough: A Taxing Decision for IRS..................17
D. To Fraud or Not to Fraud, That Is the Question......................................................22
E. Since When Have We Complained of Equal Treatment?........................................25
F. "What Were You Thinking?"...................................................................................28
Chapter 2: Exemptions & Protecting Debtor's Property..............................39
A. Fifth Circuit Walks Back on the Disappearing Exemption Case............................40
B. Steadfast in Denying the Homestead Exemption?..................................................45
C. Are Inherited IRAs Protected from Collection Under State Law?..........................49
Chapter 3: Strategies for Student Loans..........................................................54
A. Living in Borrowed Times......................................................................................55
B. Are Student Loans No Longer the "Third Rail" of Bankruptcy?............................61
C. Trekking Through the Quagmire.............................................................................66
D. Student Loan Considerations in Chapter 13...........................................................72
E. Code and Plan Compliance for Separate Classification Options in Chapter 13.....86
Chapter 4: Filing Trends.........................................................................................92
A. Dead-on-Arrival Cases (at Bankruptcy Court)........................................................93
B. Foreclosure Tuesday in Georgia..............................................................................99
C. The Changing Profile of Chapter 7 Filers.............................................................107
Chapter 5: Undisclosed or Unknown Pre-Petition Assets.........................114
A. A Debtor's Dilemma: Undisclosed...
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Request your trial- American Bankruptcy Institute
- Best of ABI 2018: The Year in Consumer Bankruptcy
- Front Matter
- ABOUT THE EDITOR
- ACKNOWLEDGMENTS
- Table of Contents
- INTRODUCTION
- CHAPTER 1 EXCEPTIONS TO DISCHARGE
- CHAPTER 2 EXEMPTIONS & PROTECTING DEBTOR'S PROPERTY
- CHAPTER 3 STRATEGIES FOR STUDENT LOANS
- CHAPTER 4 FILING TRENDS
- CHAPTER 5 UNDISCLOSED OR UNKNOWN PRE-PETITION ASSETS
- CHAPTER 6 TREATMENT OF CLAIMS IN CHAPTER 13 PLANS
- CHAPTER 7 GETTING THE DISCHARGE IN A CHAPTER 13
- CHAPTER 8 AUTOMATIC STAY
- CHAPTER 9 GETTING PAID & ETHICS OF REPRESENTATION
- CHAPTER 10 ACCESS TO BANKRUPTCY
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