NACBA Executive Director Search

The National Association of Consumer Bankruptcy Attorneys (NACBA) is searching for the organization’s next Executive Director (ED). The position is […]

District Court Finds that Bankruptcy Court Misapplied Law Regarding Tenancy by the Entireties, Remands Case for Factual Findings

Debtors Who Placed Extravagant Lifestyle Ahead of Paying Down Massive Tax Debt Were Not Entitled to Discharge Income Taxes

“Excusable Neglect” is Not a Basis for Leave to File an Untimely Proof of Claim in a Chapter 13 case

Court Denied Servicer’s Request to Reopen Chapter 13 Case in order to Correct Scrivener’s Error in Response to Trustee’s Notice of Final Cure Payment Pursuant to F.R.B.P. 3002.1

Washington Update- Friday, October 13, 2017

This is the latest update from Washington, designed to keep NACBA members informed about significant and relevant activity on the […]

§523(a)(9) Exception to Discharge for Damage Caused by Drunk Driving Does Not Apply to Debtor Who Allowed Another Person to Driver her Car

Chapter 13 Debtor Who Died During Case Cannot Convert to Chapter 7

Debtor Loses Argument that “Current Monthly Income” for the Means Test Includes Gross Income Received 60 Days Before Filing Date

The Sheer Magnitude of Debtor’s Overstatement of Income on Application Supported Inference of Intent to Deceive Under 523(a)(2)

Court finds that Dividend to Creditors in Chapter 13 Case is Not a Significant Factor in Attorney Fee Analysis

66 year-old Debtor who had Sufficient Assets and Income, the Ability to Reduce Expenses and the Chance to Apply for Income Contingent Repayment Plan, Could Not Discharge Student Loans

Recoupment permits Social Security Administration to Recover its Debt for Prepetition Sick Leave from Debtor’s Postpetition Sick Leave Without Violating Discharge Injunction

Dist. Ct.: 63-Year-Old Suspended Lawyer Could Not Discharge $500,000 in Student Loans Where he Made No Good Faith Effort to Pay them for 31 years

Debtor Could Discharge Loan for Medical School that was Not an Educational Benefit under section 523(a)(8)

Debtor in Her Fifties who Never Searched for Jobs Unrelated to her Master’s Degree, and who Never Applied for Income Based Repayment Plans, Failed All 3 Prongs of Brunner Student Loan Dischargeability Test

National Law Firm Ordered to Refund Attorneys’ Fees to Prospective Debtors, Where Local Counsel Drafted a Petition but Never Filed it and Ignored the Debtors

Disallowance of the Post-petition Attorney Fees under FRBP 3002.1 did Not Modify Servicer’s Rights in violation of § 1322(b)(2)

Party that did Not Participate in underlying Bankruptcy Had No Standing to Reopen the Case

Washington Update – September 29, 2017

This is the latest update from Washington, designed to keep NACBA members informed about significant and relevant activity on the […]

Credit Union Could Not Bootstrap Terms into Reaffirmation Agreement through inconspicuous Additions to the Statutory Disclosures

Since Debtor’s Liability to IRS for Fraudulent Transfer was not a Tax, it was Not a Priority Debt

NACBA, NCLC Urge for Credit Counseling Waivers for Hurricane Victims

On September 27, 2017, the National Association of Consumer Bankruptcy Attorneys (NACBA) and the National Consumer Law Center, Inc. (NCLC) […]

Insurance Company that Defended Bad Faith Lawsuit Filed Against it on Behalf of Bankruptcy Estate Could Not Seek Fees from the Debtor Individually

At the time a bankruptcy petition is filed, an estate is created that comprises of all the debtor’s legal and […]

NACBA Launches Circuit Communities

Designated Federal Circuit Communities For NACBA Membership It has been long talked about, the day has arrived. One of the […]

Debtor’s Pre-Petition Tuition Payments for Minor Child were Not Fraudulent Transfers

District Court Finds that Income-Based Repayment Plans would Thwart Debtors’ Fresh Start in Affirming Partial Discharge of Student Loans

Creditor Failed to Prove Fraud by Debtor Who Negotiated a “Live Check” that Creditor Sent Him a Few Months Before He Filed Bankruptcy

The United States Could Not claim Sovereign Immunity in Debtors’ Adversary Proceeding to Retain their Tax Refund

11th Cir: When Applying Doctrine of Judicial Estoppel, Courts Must Consider All the Facts in Determining Whether Debtor was Making a Mockery of the System by Failing to Disclose Civil Claim in her Bankruptcy

Notwithstanding Trustee and Creditor Objections, Court Granted Chapter 13 Debtor’s Motion to Direct Where Funds Held by Trustee Go When She Voluntarily Dismissed Confirmed Case

Casino failed to Show that Debtor’s Gambling Debt Arose as a Result of Willful and Malicious Conduct

Washington Update – September 15, 2017

This is the latest update from Washington, designed to keep NACBA members informed about significant and relevant activity on the […]

Collection of Periodic Mortgage Payments Does Not Violate the Discharge Injunction

BAP says District’s Model Chapter 13 Plan did Not Exceed the Bankruptcy Court’s Rule-Making Authority

Debtor Who failed to Disclose $5,000 in Lockbox Received Discharge since UST Failed to Show Requisite Intent

Debtor’s Concerns about her future Income and the Distribution of her Non-exempt Assets in chapter 7 proceeding were Not Special Circumstances within the meaning of § 707(b)(2)(B)

Chapter 13 Debtors Could Modify their Plan in order to Defer Payment of Arrears Beyond Initial Plan Term Since it was Within 60-month Period Mandated by Section 1329

Debtor’s Law Firm had to Disgorge Attorney’s Fees Where it Improperly “Unbundled” its Services, and Created Conflicts with Client

Debtor Failed Means Test Where he Could Not Justify Excess Rent Payment and Overstated his Truck Payment

Court Granted Discharge to Chapter 13 Debtors Who Made Pro-Rata Payment on Mortgage and Avoided the Lien, Since Mortgage-holder Failed to Object to Plan or Confirmation Order

Chapter 13 Debtors Made Pro-Rata Payment on Mortgage and Avoided the Lien, Since Mortgage-holder Failed to Object to the Plan or Confirmation Order

NACBA EVENTS

An integral part of NACBA’s mission is enhancing the ability of its members to represent their clients effectively by holding […]