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If A State Court Statute of Limitations Has Expired On A Cause of Action Can I Still Sue In Bankruptcy?

By Ryan C. Wood Yes. There are a number of situations that could create this dilemma for a bankruptcy filer. The issue is about a state court claim or cause of action, say breach of contract, which is prosecuted in state court and then the judgment debtor files for bankruptcy protecti
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November 09, 2016
by Ryan C Wood
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Adversary Proceeding, Bankruptcy, Discharge, state of limitations

5 Things You Need To Know If You Owe Income Taxes and File Bankruptcy

By Ryan C. Wood Discharging income taxes by filing for bankruptcy protection will most likely see an increase as incomes remain stagnant and taxes increase. We all need to face the fact that our government has a lot of debt and we will have to pay for it via increased taxes. I am not
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December 13, 2014
by Ryan C Wood
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Bankruptcy, Discharge, Taxes and Bankruptcy

What Mental State Is Required in Bankruptcy to Find a Willful Attempt to Evade or Defeat Taxes?

By Ryan C. Wood Generally speaking taxes are dischargeable depending upon when the taxes were due and a number of other factors. There are also a number of exceptions to a bankruptcy discharge that must be raised by filing an adversary lawsuit and proving why the debt to be discharged
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September 16, 2014
by Ryan C Wood
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Discharge, Exception, Hawkins, Taxes

Are Tuition Credits Student Loans and Therefore Not Dischargeable in Bankruptcy?

By Ryan C. Wood This topic is extremely relevant given the recent investigation and settlement Corinthian Colleges, Inc. entered into with the Department of Education on July 3, 2014. In a recent decision by the Honorable Dennis Montali in the Christoff case, Bankr. Case No. 13-10808,
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July 10, 2014
by Ryan C Wood
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Bankruptcy, Discharge, Section 523(a)(8)(ii), Student Loans, Tuition Credits

Once I Have My Chapter 7 Discharge Can The Discharge Be Taken Away?

By Ryan C. Wood The technical term for taking away a discharge after being granted by the bankruptcy court is revocation. Yes, even though the court signed your order of discharge it can still be taken away under certain circumstances. What are those circumstances? First we must look
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November 06, 2013
by Ryan C Wood
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Bankruptcy, Discharge, Revocation

The 9th Circuit Weighs In On the Good Faith Prong of the Bruner Test

By Ryan C. Wood There continues to be discussion about student loan reform. Unfortunately, Congress and the Senate, as of the writing of this article, have not passed any legislation to help students with their loans. Student loans can be discharged when filing bankruptcy by filing an
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June 15, 2013
by Ryan C Wood
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Bankruptcy, Bruner Test, Discharge, Student Loans

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