Washington Update – August 18, 2017

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

Court Must Consider Totality of the Circumstances when Determining if Debtor Intended to Evade or Defeat Taxes

Bank’s Claim Allowed to Extent of State Court Foreclosure Judgment as Well as Post-Judgment Charges Reassessable Under State Law

Chapter 13 Debtor, Who Could Not Get Automatic Stay, Had Standing to Enforce Co-Debtor Stay, and the Post-petition Sale of Her Home was Void

Amazon Prime, eBay Passwords Sought from Bankruptcy Debtors

City Could Not Avoid Liability for Stay Violation by Invoking Sovereign Immunity Defense Based on State Law

Debtor Stated Plausible Claims for Stay and Discharge Violations, Beating Servicers’ Motion to Dismiss, Where Servicers’ Notices Claimed “Action Required” and that “Delinquency” Existed

Court Awarded No Damages to Debtor for Willful Stay Violation Since Debtor Failed to Mitigate Damages

Debtor Who Acquired Ownership Interest in Home within 1,215 Days of Petition Date is Subject to Homestead Exemption Cap under §522(p)

Bankruptcy Court Reopens 1995 Case in order to Decide Pre-1998 Student Loan Discharge Case Under 7-Year Repayment Rule

Rejecting the “Everyone Does It” Defense, U.S. Circuit Court Affirms Disbarment of Bankruptcy Attorney who Submitted False Debtor Signatures and Omitted Assets from Schedules

Since Bank Canceled Debt by Issuing a 1099-C, it No Longer Had Mortgage on Debtors’ Home Under State Law

Funds Held by Chapter 13 Trustee in Dismissed Case Belong to Debtor, Not Creditors

Ex-Wife who Pursued Modification of Divorce Judgment Without First Getting Stay Relief Had to Pay Damages to Debtor

Washington Update – August 4, 2017

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

Having met the Residency Requirements, Even a “Bad Actor” like this Debtor, may Claim Florida’s Homestead Exemption

Having met the Residency Requirements, Even a “Bad Actor” like this Debtor, may Claim Florida’s Homestead Exemption

Debtor had No Claim for Discrimination against Employer under §525 where she Failed to Show Bankruptcy was the Sole Reason for Termination

Debtor had No Claim for Discrimination against Employer under §525 where she Failed to Show Bankruptcy was the Sole Reason for Termination

Chapter 13 Trustee Must Pay Debtor’s Attorney’s Fees before Refunding Money to Debtor in Chapter 13 Cases Dismissed Pre-Confirmation

Debtor Could Not Manipulate Debt Limits for Chapter 13 Eligibility by Making Preferential Pre-petition Payments

Debtor Could Not Manipulate Debt Limits for Chapter 13 Eligibility by Making Preferential Pre-petition Payments

46 Year-Old Debtor, who Earned $63,000/year and Supported Adult Child Failed First Prong of Brunner Test and Could Not Discharge Student Loans

46 Year-Old Debtor, who Earned $63,000/year and Supported Adult Child Failed First Prong of Brunner Test and Could Not Discharge Student Loans

JP Morgan Chase Could Not Impute Trustee’s Disbursement Delay to Debtor to establish “Cause” to Lift the Stay on Debtor’s Home.

JP Morgan Chase Could Not Impute Trustee’s Disbursement Delay to Debtor to establish “Cause” to Lift the Stay on Debtor’s Home.

Court Treats Creditor’s Objection to Chapter 13 Plan, Filed within 60 days of 341 Meeting, as a Timely Filed Complaint Objecting to Discharge

Court Treats Creditor’s Objection to Chapter 13 Plan, Filed within 60 days of 341 Meeting, as a Timely Filed Complaint Objecting to Discharge

Automatic Stay Did Not Protect Putative Debtor who was Determined to be Ineligible to be a Debtor on Filing Date

Automatic Stay Did Not Protect Putative Debtor who was Determined to be Ineligble to be a Debtor on Filing Date

Court Overrules Trustee’s Objection, Which was Based on Debtors’ Decision to Exercise the “Schwab option” with respect to their Exemption of their Home

Court Overrules Trustee’s Objection, Which was Based on Debtors’ Decision to Exercise the “Schwab option” with respect to their Exemption of their Home

Court Granted Chapter 13 Trustee Motion to Modify Plan to Include Non-Exempt Portion of Personal Injury Settlement Received Post-Petition

Court Granted Chapter 13 Trustee Motion to Modify Plan to Include Non-Exempt Portion of Personal Injury Settlement Received Post-Petition

Chapter 7 Debtors with $400/month Disposable Income Failed the Totality of the Circumstances Test for Abuse

Chapter 7 Debtors with $400/month Disposable Income Failed the Totality of the Circumstances Test for Abuse

Creditor Did Not Violate the Automatic Stay Where it Released its Pre-Petition Garnishment and Did Not Garnish any Wages Post-Petition

Creditor Did Not Violate the Automatic Stay Where it Released its Pre-Petition Garnishment and Did Not Garnish any Wages Post-Petition

Debtor’s Personal Injury Proceeds Remained Exempt Even After Commingled with Other Funds

Debtor’s Personal Injury Proceeds Remained Exempt Even After Commingled with Other Funds

Bankr SD Fla.: Bank Could Not Compel Debtors to Surrender Home Where Bank Dismissed Foreclosure and Entered Into Loan Modification Negotiation with Debtors

Bankr SD Fla.: Bank Could Not Compel Debtors to Surrender Home Where Bank Dismissed Foreclosure and Entered Into Loan Modification Negotiation with Debtors

Objections to Claims Must have a Factual or Legal Basis; Merely Alleging Non-compliance with FRBP 3001 is Not Sufficient

Objections to Claims Must have a Factual or Legal Basis; Merely Alleging Non-compliance with FRBP 3001 is Not Sufficient

Secured Creditor Violated Discharge Injunction by Claiming Amount in Excess of its In Rem Claim on Collateral

Secured Creditor Violated Discharge Injunction by Claiming Amount in Excess of its In Rem Claim on Collateral

5th Circuit: Funds Held in IRA Lost Exempt Status When Debtor Withdrew Funds, but Did Not Complete a Rollover of the Funds into another IRA, as Required by State Law

5th Circuit: Funds Held in IRA Lost Exempt Status When Debtor Withdrew Funds, but Did Not Complete a Rollover of the Funds into another IRA, as Required by State Law

6th Circuit: Chapter 7 Trustee Could Not Forcefully Evict Debtors from Homestead by Tendering Payment Equal to the Value of their Exemption

6th Circuit: Chapter 7 Trustee Could Not Forcefully Evict Debtors from Homestead by Tendering Payment Equal to the Value of their Exemption

After Denying Debtor’s Motion for Sanctions Where Creditor Sold Debtor’s Property at Auction Days After Petition Date, Judge Offers “Best Practices” Advice to Counsel

After Denying Debtor’s Mortion for Sanctions Where Creditor Sold Debtor’s Property at Auction Days After Petition Date, Judge Offers “Best Practices” Advice to Counsel

Debtor who Filed Chapter 13 Soon After his Ex-Wife Sued him in State Court to Enforce Equitable Distribution Award Did Not File Case in Bad Faith

Debtor who Filed Chapter 13 Soon After his Ex-Wife Sued him in State Court to Enforce Equitable Distribution Award Did Not File Case in Bad Faith

NACBA Opposes Efforts to Repeal CFPB Arbitration Rule

Today, U.S. Senator Mike Crapo (R-ID) and U.S. Representatives Blaine Luetkemeyer (R-MO) and Keith Rothfus (R-PA), along with several dozen […]

Washington Update – July 14, 2017

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

Debtor Could Cram-down Condo Association’s Secured Claim, Since the COA’s Claim is Secured by Both a Consensual and Statutory Lien

Debtor Could Cram-down Condo Association’s Secured Claim, Since the COA’s Claim is Secured by Both a Consensual and Statutory Lien

Debtor’s Pension Counts as Income When Calculating “Current Monthly Income” and Disposable Income

Debtor’s Pension Counts as Income When Calculating “Current Monthly Income” and Disposable Income

Court Applied §105 to Remove Debtor from Joint Chapter 7 Case Since She was Not Eligible for a Discharge Based on Prior Filing with Last 8 Years

Court Applied §105 to Remove Debtor from Joint Chapter 7 Case Since She was Not Eligible for a Discharge Based on Prior Filing with Last 8 Years

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

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