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Blog | DelCotto Law Group

Can I File Chapter 7 and Keep All of My Toys?

July 12, 2013
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On June 28, the Bankruptcy Appellate Panel for the Sixth Circuit issued an opinion holding that Mr. and Mrs. Weixel’s Chapter 7 case was properly dismissed for “substantial abuse” under the bankruptcy laws.   In re Weixel, 13 FED App 0003P.   This case is binding on Kentucky bankruptcy […]

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New Case Discusses IRA Exemptions

July 9, 2013
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In a case decided on June 17, the Sixth Circuit Court of Appeals reversed the Tennessee Bankruptcy Court and US District Court regarding the continuing exemption of funds in an IRA account.  In In re Daley, the chapter 7 trustee argued that because the IRA account agreement contained […]

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Sixth Circuit Discusses Non-Dischargeability Issues on Assigned Debt

July 2, 2013
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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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Credit Cards and Bankruptcy

June 25, 2013
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If you are contemplating filing bankruptcy and have credit cards, please consider the following:

Don’t pay off your credit card balances before filing.   Credit card debt is typically dischargeable in bankruptcy provided you don’t take cash advances or purchase luxury goods before filing for bankruptcy relief […]

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