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Blog | DelCotto Law Group

Student Loan Discharge: Still an Uphill Battle?

September 12, 2013
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Discharging student loans in bankruptcy has always been quite difficult under the standards that the debtor is required to prove a somewhat cost-prohibitive piece of litigation if the student lender is going to fight.  Further, each case is quite fact-specific, so your facts may be slightly […]

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Are you the Beneficiary of an IRA?

September 10, 2013
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As the baby boomers age and pass on, an interesting issue has arisen in some bankruptcy cases:  can you claim an exemption in an IRA or other protected retirement account which you inherit?  Bankruptcy laws allow you to exempt an IRA in your name up to $1.25 […]

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Insiders, too, must compete for the new value corollary to the absolute priority rule

September 5, 2013
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Recently, the 7th Circuit extended the holding in Bank of America National Trust & Savings Association v. 203 North LaSalle Street Partnership, 526 U.S. 434 (1999), to situations where “a plan of reorganization gives an insider an option to purchase equity in exchange for new value.”   In […]

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Number 3 Pet Peeve – Deposition of a Client

September 5, 2013
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I’m blogging my list of deposition “pet peeves” in a series of releases.  They are not necessarily in order of importance, but rest assured, all are great learning points for a client/witness.  Many of the cases that I litigate are matters in which thousands of pages […]

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