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Robert Wilbert | July 26, 2017
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
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Robert Wilbert | July 24, 2017
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
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Robert Wilbert | July 23, 2017
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
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Robert Wilbert | July 22, 2017
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
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Robert Wilbert | July 21, 2017
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
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Krista D'Amelio | July 20, 2017
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 […]
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Krista D'Amelio | July 14, 2017
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 […]
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Robert Wilbert | July 13, 2017
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
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Robert Wilbert | July 13, 2017
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
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Robert Wilbert | July 11, 2017
Dept. of Defense Did Not Violate the Automatic Stay When it Offset Debtor’s Tax Refunds to Pay Non-Dischargeable Pre-Petition Debt
Dept. of Defense Did Not Violate the Automatic Stay When it Offset Debtor’s Tax Refunds to Pay Non-Dischargeable Pre-Petition Debt
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Robert Wilbert | July 10, 2017
Debtors Entitled to Attorneys Fees for Defending Adversary Proceeding Brought by Creditor That Failed to Properly Investigate the Facts and was Not Substantially Justified in Bringing Action
Debtors Entitled to Attorneys Fees for Defending Adversary Proceeding Brought by Creditor That Failed to Properly Investigate the Facts and was Not Substantially Justified in Bringing Action
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Robert Wilbert | July 8, 2017
Creditor’s Subrogation Lien that Arose by Operation of State Law Post-petition was Not a Violation of the Automatic Stay since the Creditor had not Taken “Any Act” to Create the Lien
Creditor’s Subrogation Lien that Arose by Operation of State Law Post-petition was Not a Violation of the Automatic Stay since the Creditor had not Taken “Any Act” to Create the Lien
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Robert Wilbert | July 8, 2017
Court Finds Condo Association Attorneys’ Fees to be Unreasonable Where COA Referred Debtor to its Attorneys Instead of Dealing with the Debtor’s Concerns Directly
Court Finds Condo Association Attorneys’ Fees to be Unreasonable Where COA Referred Debtor to its Attorneys Instead of Dealing with the Debtor’s Concerns Directly
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Robert Wilbert | July 4, 2017
Attorney for Chapter 13 Debtors Not Entitled Fees Above the Local “No Look” Fee Where the Disclosure of Compensation Conflicted With Plan Provision on Fees
Attorney for Chapter 13 Debtors Not Entitled Fees Above the Local “No Look” Fee Where the Disclosure of Compensation Conflicted With Plan Provision on Fees
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Robert Wilbert | July 1, 2017
Chapter 7 Debtor Beat U.S. Trustee’s Motion to Dismiss where UST failed to show Debtor’s Filing was an Abuse under the Totality of the Circumstances
Chapter 7 Debtor Beat U.S. Trustee’s Motion to Dismiss where UST failed to show Debtor’s Filing was an Abuse under the Totality of the Circumstances
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Robert Wilbert | June 29, 2017
Trustee Could Not Pursue Claim Against Ex-Spouse under a Marital Settlement Agreement Where Debtor and Ex-Spouse Filed Separate Cases to Discharge the Debt
Trustee Could Not Pursue Claim Against Ex-Spouse under a Marital Settlement Agreement Where Debtor and Ex-Spouse Filed Separate Cases to Discharge the Debt
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Robert Wilbert | June 28, 2017
Debtor Could Not Cram Down Auto Lender’s Claim by the Amount Equal to the Negative Equity, GAP Insurance and Service Contract that she Financed
Debtor Could Not Cram Down Auto Lender’s Claim by the Amount Equal to the Negative Equity, GAP Insurance and Service Contract that she Financed
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Robert Wilbert | June 27, 2017
Since Creditor was Bound by Terms of Confirmed Chapter 13 Plan, Court Denied its Post-Confirmation Motion for Administrative Expense Claim
Since Creditor was Bound by Terms of Confirmed Chapter 13 Plan, Court Denied its Post-Confirmation Motion for Administrative Expense Claim
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Krista D'Amelio | June 26, 2017
Washington Update – June 26, 2017
This is the latest update from Washington, designed to keep NACBA members informed about significant and relevant activity on the […]
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Robert Wilbert | June 26, 2017
Attorney for Debtor’s Ex-Wife, Who had Knowledge of Bankruptcy, Violated the Automatic Stay by Bringing Contempt Action in Divorce Case
Attorney for Debtor’s Ex-Wife, Who had Knowledge of Bankruptcy, Violated the Automatic Stay by Bringing Contempt Action in Divorce Case
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Robert Wilbert | June 24, 2017
Debtor’s Taking of a Car from Employer Without Permission and then Crashing it was Not a Willful and Malicious Injury under §523(a)(6)
Debtor’s Taking of a Car from Employer Without Permission and then Crashing it was Not a Willful and Malicious Injury under §523(a)(6)
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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
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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 […]
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