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February 2014 Archives

Married Debtor Only Owns Half of Homestead Equity: In re Bradigan (Judge Bucki)

A Buffalo Bankruptcy Trustee's argument that each of the joint married owners of their home owns the entire equity in the property. Judge Carl L. Bucki, Chief Judge of the United States Bankruptcy Court for the Western District of New York rejected this argument in In re Bradigan, Chapter 7 Bk #12-13821 (WDNY; opinion dated Oct. 29, 2013).

Debtor Education Agencies May Now File Completion Confirmation Directly With the Court

After filing a bankruptcy, a debtor is obligated to take a debtor education course. Only organizations that are approved by the Office of the United States Trustee is authorized to offer this course. Under a new change in Rule 1007(b)(7) of the Federal Rules Rules of Bankruptcy Procedure, these counseling organizations may file a certificate that the requirement has been met directly with the Court.

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