Court Rules “Informational” Letters Did Not Violate Discharge

A recurring problem in bankruptcy is how lenders can provide information about a debt to a borrower without violating the discharge or the automatic stay.    In some cases the borrower may wish to continue making payments and would appreciate receiving payment notices.   In other cases, the lender may be required to send notices to the…

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Supreme Court Provides Harsh Lesson on the Importance of a Writing

Bankruptcy is intended to allow an honest but unfortunate debtor to obtain a fresh start.  In order to keep dishonest debtors from abusing the process, Congress has defined a class of debts which cannot be discharged in a bankruptcy proceeding.   One of the common exceptions to discharge is debts incurred through fraud.   However, the Bankruptcy…

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