‘Good Faith’ Standard Restricts Debtor Creativity

Mathews v. US Bank, NA, et al.; 10-01243-RGM; March 31, 2011 This case came before the court on the debtor’s complaint to strip-off a wholly unsecured deed of trust and tax lien against her property in a Chapter 13 bankruptcy. The debtor was the only obligor on the...

Keeping Student Loan Payment Current in Bankruptcy

In re Birts; 11-15918-BFK; February 27, 2012 In this case, the debtor proposed a plan that proposed to pay approximately 7% of the allowed unsecured claims, but the plan provided that the debtor would keep the payment on her student loan current. Section 1322(b)(1) of...

Willful and malicious injury?

Wells Fargo v. Maryam Nawroz; 11-01183-BFK; 12/22/2011 This suit was brought by Wells Fargo against Chapter 7 debtor, Maryam Nawroz, to determine the dischargeability of a debt owed by the debtor to Wells Fargo. The debt arose out of a mistake by Wells Fargo when the...