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Blog | DelCotto Law Group

Non-Dischargeability Issues on Assigned Debt

June 20, 2014
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In a case issued on June 10, the Sixth Circuit Court of Appeals in In Re Pavdvierz discussed at some length concerns that arise when the creditor pursuing a nondischargeability  action is an “assignee” from the original creditor.  Sixth Circuit cases are binding on our local bankruptcy judges […]

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Supreme Court: Inherited IRA’s Not Protected in Bankruptcy

June 16, 2014
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In a unanimous decision, the Supreme Court in Clark, et ux v. Rameker, 573 U.S. __(June 12, 2014), resolved a split among federal appeals courts as to whether inherited IRA’s are shielded from creditors in bankruptcy.  Unlike traditional IRA’s, they are not.  The case […]

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Tips for Preparing a Financial Statement for a Lender

June 13, 2014
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Be truthful.     When filling out a financial statement for a lender, you must fully and accurately list all of your ownership interests in property and all of your debts.  If you provide a false financial statement to a lender and the lender extends credit to you based […]

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SCOTUS on Bankruptcy Jurisdiction: Prediction

June 12, 2014
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On June 9, 2014, SCOTUS issued one of its rare birds —  a 9-0 ruling.     While all the Justices are unanimously united, the rest of us are now dealing (yet again) with another wrinkle-trying to understand what the heck they are talking about.   In the case of […]

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