Debtor’s Settlement for Injuries Caused by Trans-vaginal Mesh was Property of the Estate Since the Claim Existed Pre-Petition

Garnishment of Debtor’s Bank Account by Judgment Creditor did Not Extinguish Debtor’s Interest in Account; Debtor Could Recover Funds under 522(f)

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Debtor with $700,000 in Student Loans Was Not Eligible to file Chapter 13 Since Debts Exceeded Limits Under 11 U.S.C. §109(e)

Debtor wants to be a chapter 13 debtor and use her future income to repay her substantial debts through a court-approved plan. Under 11 U.S.C. §109(e), only an individual with non-contingent, liquidated, unsecured debts of less $394,725 can be a chapter 13 debtor. The Debtor’s student loan debts alone exceed that amount. When she filed her chapter 13 petition, the Debtor’s unsecured debts totaled more than $870,000, an amount that is more than double section 109(e)’s debt limit.

Debtors’ use of a portion of Property for Commercial Purposes (Airbnb rental) did Not Remove the Property from the protection of Homestead Exemption

The Debtors filed a voluntary petition under Chapter 7 of the United States Bankruptcy Code  on December 15, 2017 (the “Petition Date”). In their bankruptcy schedules, the Debtors disclosed their ownership interest in the Property, listing the value as $195,400, subject to a mortgage with an outstanding balance of $162,125 as of the Petition Date. On their amended Schedule C, the Debtors claimed a $500,000  homestead exemption in the Property.

Debtor’s Ability to Participate in an Income Based Repayment (IBR) plan does Not prevent a debtor from Obtaining a Hardship Discharge of Student Loan

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Washington Update- May 25, 2018

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

NACBA Urges U.S. Department of Education to Assess & Approve Undue Hardship in Student Loan Bankruptcy Discharge

For Immediate Release Washington, D.C.     The National Association of Consumer Bankruptcy Attorneys (NACBA) submitted comments to the U.S. Department of […]

Same-Sex Couple with Certificate of Civil Union Can File Joint Bankruptcy Petition

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Condo Association was Bound by Confirmed Chapter 13 Plan where it Failed to File a Claim, and Objected Only After the Debtor Completed the Plan Payments

Don’t File Bankruptcy Without An Attorney: Pro Se, No Way!

(Washington, D.C.) The National Association of Consumer Bankruptcy Attorneys (NACBA) urges you to say “Pro Se, No Way!” “Pro se” […]

NACBA Board Announcement

(Washington, D.C.) The National Association of Consumer Bankruptcy Attorneys (NACBA) is announcing the latest election results for the Board of […]

Chapter 13 Debtor’s Counsel Could Not be Reimbursed for Costs Advanced to Clients Since the Filing Fee, Credit Report Fees and the Like are Not Administrative Expenses

Washington Update- April 13, 2018

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

Above Median Income Debtor Who Contributed to 401(k) and Who Over-withheld Income Taxes Beat the UST’s to Dismiss Case for Abuse

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64-Year-Old Debtor who Could Barely Fund her Spartan Lifestyle Could Discharge Student Loans, Even Though She Did Not Take Advantage of Income-Contingent Repayment Plan

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Were this Court to Grant Sanctions each time a Party Set Forth an Incorrect Legal Argument in its pleadings, it would Not Do Much of anything Else

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Trustee may Avoid Fraudulent Transfer under § 548(e) even if the Property was Exempt as Debtor’s homestead at the Time of Transfer

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A Liquidated, Noncontingent Claim is considered a Secured Claim in Debtors’ chapter 13 case for purposes of § 109(e), even if the Collateral for Claim is Not Property of Debtors’ Bankruptcy Estate.

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“True Consumer Debtor” should be afforded the Benefit of Chapter 13, even if her Student Loan Debt is Above the Limits in 109(e)

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Ocwen Sanctioned $5,875.00 representing Debtors’ Reasonable Attorney Fees and Expenses Incurred in 210-day effort to get Ocwen to Clarify the Escrow Shortage in Proof of Claim

Debtors who “Surrendered” Condominium in Chapter 7 did Not Discharge Post-Petition Condo Assessments where Title was Never Transferred

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Debtor, who was Not a Repeat Filer, and Whose Chapter 13 Plan Paid Secured Creditors, Survived Creditors’ Motion to Dismiss Based on Bad Faith

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Washington Update- March 19, 2018

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

Confirmation of Chapter 13 Plan was Not an Adjudication of Debt Buyer’s Claims on the Merits

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NACBA Weighs in On Student Loan Debt

During the NACBA Legislative Committee’s Hill Day visits, Board Member Ed Boltz was able to discuss the restoration of #bankruptcy […]

Melissa Linville Receives the 2018 Henry J. Sommer Scholarship

The National Association of Consumer Bankruptcy Attorneys (NACBA) is honored to award the prestigious Henry J. Sommer Scholarship every year […]

Court Granted Credit Union Stay Relief in order to Set-off Children’s “Lil’ Sweet Pea” Savings Accounts, on which Debtor was Co-owner

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Creditor’s Motion to Reopen and Compel Surrender of Home Denied Where No Relief was Justified (since Husband had Died and Wife Not on Note)

Court Reopened Chapter 7 Case in Order to Compel Debtors to Surrender Home, and to Order Debtors to Stop Fighting Foreclosure Action

Chapter 13 Trustee was Justified in Not Paying Pre-confirmation Adequate Protection Payments Without a Motion and Order

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) made significant changes to §1326 of the Code. 11 […]

District Court Reverses Bankruptcy Court’s Decision to Deny Attorney’s Fee Application Where Debtor Intended to Convert to Chapter 7

11 USC 521(e) allows the Debtor to Avoid Dismissal of Case if the Failure to Provide Required Tax Return is Attributable to Circumstances Beyond her Control

Reasonable Voluntary Retirement Contributions are Not Disposable Income when the Debtor has made those Contributions on a Consistent Basis Prior to the Filing of the Chapter 13

Disposable income is determined under 11 U.S.C. § 1325(b)(2) and is based upon debtor’s current monthly income less amounts reasonably […]

Court Dismissed Trustee’s A.P. for Fraudulent Transfer Against University Since Proceeds of Parent PLUS Loans were Not Property of the Debtor that was Available for the Benefit of Creditors

Debtor’s Claim Against Johnson & Johnson for Defecitve Transvaginal Mesh Claim Not “Sufficiently Rooted” in her Pre-bankruptcy past to be brought into the Estate

Tuition Debt was Not Dischargeable, Notwithstanding the Lack of a Formal Exchange of Money

Washington Update- February 26, 2018

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

Congressional Research Service Releases Bankruptcy & Student Loans Report

On Thursday, February 22, 2018 the Congressional Research Service released a report titled “Bankruptcy and Student Loans”. The report explains how […]

Debtor’s Obligation to Pay his Children’s College Expenses Qualified as a DSO and Were Non-Dischargeable

Chapter 13 Debtor Could Not Defer Surrender of her Home Until her Son Graduated High School

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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 […]