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

Debt Owed to State Bar by Former Lawyer, which was a Penalty and Not Compensation for Pecuniary Loss, was Non-Dischargeable under § 532(a)(7)

Court found that there is a Bad Faith Exception to a Debtor’s Right to Dismiss a Chapter 13 case, and Converted Case to Chapter 7

Chapter 7 Debtor Could Not Deduct $1,540 in Monthly Expenses he Paid for Adult Daughter’s Family as “Special Circumstances” on Means Test

Court Sanctioned Creditor, an experienced Bankruptcy Attorney, who Feigned Ignorance of the Law, with $5,000 in Punitive Damages for Egregious Violations of the Automatic Stay and Discharge Injunction

College Football Tickets are Property of the Estate which Trustee May Sell for Benefit of Creditors

A Chapter 7 Trustee in a town with a major college football program filed an emergency Motion to Sell Debtor’s college football tickets…

Washington Update – September 1, 2017

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

Register Now for NACBA’s 2017 Hill Day at Home

2017 marks NACBA’s fourth annual Hill Day at Home! As we have done through the years, we want to be […]

Debtor Could Not Counter Motion to Lift Automatic Stay with Proposal to Pay Post-Petition Arrears on New Payment Schedule, as that would be an Alteration of Payment Terms in Violation of the Anti-Modification Clause in §1322(b)(2)

Debtor Who is Neither a U.S. Citizen nor a Permanent Resident May Claim Florida’s Homestead Exemption

Court Hits Nationstar with $40,000 in Punitive Damages since its Delay in Following Court Orders Caused Debtor to Incur Damages

Circuit Court: Disallowed Portion of State’s DSO Claim Not Subject to the Discharge Injunction

Chapter 13 Debtor May Modify Confirmed Plan to Surrender Collateral and Reclassify Claim as Unsecured

Trustee’s Motion to Dismiss Chapter 7 Case for Bad Faith was Untimely and Moot when filed 4 Months After Debtor Received Discharge

District Court: Bankruptcy Discharge did Not render Arbitration Agreement Unenforceable in FCRA Case

District Court Finds that Bankruptcy Court Could exercise its Civil Contempt Power under 11 U.S.C. §105(a) to remedy Violations of Discharge Injunction by City and School District

Unlisted Creditor Could File Complaint under §523(a)(3)(B) at Any Time, but Not a Complaint Under §727

When the Stay Terminates, it Ceases to Protect the Repeat-filing Debtor and all of that Debtor’s Property, including Property of the Estate

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)

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 […]