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Month: August 2021

Six Situations in Which a Discharge Order Can Be Revoked

Although some people file New York bankruptcy to halt a foreclosure with the automatic stay or strip a lien, in nearly all cases debtors seek a discharge. However, there are six situations in which a bankruptcy court can revoke a discharge order that’s already been entered. They’re listed in Section 727(d) of the Bankruptcy Code: …

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Will Some Private Student Loans Become Dischargeable in Bankruptcy?

in July, 2021, the United states Court of Appeals for the Second Circuit, agreed with a New York federal court’s ruling that found private student loans are not explicitly exempt from being discharged in a chapter 7 bankruptcy. This ruling joins two others — from the Fifth and Tenth Circuits — one from 2019, one …

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What Is an ‘Individual With a Regular Income’ in Chapter 13?

People who are interested in filing chapter 13 New York bankruptcy will obviously want to know if they meet all the chapter’s requirements, which are stricter than chapter 7’s. For example, it has debt limits, above which debtors must file in chapter 7 or chapter 11, but Section 109(e) also restricts chapter 13 to “individuals …

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