Student Loan Discharged Despite Zero Monthly Payment Option

By | Nebraska Debt and Bankruptcy Blog | February 20, 2017
2742364785_f208c9a6bf_b   The Eight Circuit Bankruptcy Appellate Panel (8th BAP) affirmed the discharge of a $27,000 of federal student loan debt despite the fact that the debtor, Sara Fern, was eligible to pay nothing in an Income Based Repayment (IBR) plan.  See In re Fern. The debtor is a 35 year old single mom of three children, ages 3, 11 and 16.   View Full Post
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Do Lenders and Borrowers Intend a Novation of Prior Agreements? a Cautionary Tale and the Need to Be Crystal Clear in Drafting Amendments

By | Louisiana Law Blog | February 19, 2017
other-agreements By Dean P. Cazenave When lenders and borrowers want to modify the terms of an existing loan agreement, and the modifications are extensive and will affect many provisions of the agreement, the lender’s lawyer will often choose to draft an “amended and restated agreement” in order to document those modifications. View Full Post
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United States Coast Guard Updates CG-2692 Marine Casualty Reporting Form for 2017

By | Louisiana Law Blog | February 17, 2017
A United States Coast Guard Cutter of the Marine Protector class. This is an 87' vessel capable of 30+ knots and it is used for law enforcement, and search and rescue operations. By Michael J. O’Brien U.S. Coast Guard Form 2692 has been used for over forty (40) years to report marine casualties, commercial diving casualties, or outer continental shelf related causalities. Recently, the Form received a long overdue update. The new version of the form, effective as of 2017, is available here as well as the Coast Guard Home PortView Full Post
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Keepin’ It Classy: Court Certifies Class-Action for Alleged FDCPA Violations

Keepin’ It Classy: Court Certifies Class-Action for Alleged FDCPA Violations Last week in Macy v. GC Services, the United States District Court for the Western District of Kentucky certified a class action involving the Fair Debt Collection Practices Act (“FDCPA”).  According to the plaintiffs, GC Services Limited Partnership violated the FDCPA by sending them debt collection notices which failed to specify that debt validation is only required if the customer disputes the debt in writing. View Full Post
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English Court Considers the Issue of COMI Location for 3 Jersey Companies

By | eSQUIRE Global Crossings | February 16, 2017
English Court Considers the Issue of COMI Location for 3 Jersey Companies Shopping CentreThe recent case of Thomas & another v Frogmore Real Estate Partners & others [2017] EWHC 25 (Ch) provides useful guidance for anyone analyzing the centre of main interests (“COMI”) of a company not registered in the UK or other EEA state for the purposes of assessing whether or not insolvency proceedings relating to the company can be instigated in the UK courts under the EC Regulation. View Full Post
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11th Circuit Addresses Split of Authority: Oral Statement Respecting Single Asset Falls Within Scope of §523(a)(2)(a) Rather Than §523(a)(2)(a)

By | Georgia Bankruptcy Blog | February 16, 2017
11th Circuit Addresses Split of Authority: Oral Statement Respecting Single Asset Falls Within Scope of §523(a)(2)(a) Rather Than §523(a)(2)(a) financial statementIn In re Appling (Appling v. Lamar, Archer & Cofrin, LLP), No. 16-11911, 2017 WL 603833 (11th Cir. February 15, 2017) (click here for .pdf), the Court addressed a question that has divided several other courts – Can a statement about a single asset be a “statement respecting the debtor’s … financial condition” for purposes of 11 U.S.C. View Full Post
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