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Jim Haller | February 24, 2020
Can a Debtor Sue a Creditor for Filing a False Claim?
Jim Haller | February 18, 2020
Bankruptcy Court Recognizes and Rewards Debtor’s Counsel for Time Spent Preparing Schedules
Prior to this case the Debtors had filed three chapter 13 cases in quick succession from late 2015 to early 2016 all of which were dismissed without a confirmed plan. The debtors filed this chapter 13 case in March of…
Dan LaBert | February 9, 2020
2020 President’s Letter to Membership
NACBA continues to advance, and we visualize the upcoming year to be one of uninterrupted fortune. Looking back, the 2019 calendar for NACBA was replete with success. 2020 and 20/20 indeed!
Jim Haller | January 24, 2020
District Court Refuses to Dismiss FCRA Class Action Lawsuit For Negligent Incorrect Credit Reporting On Discharged Student Loan Subtitle: Court finds CRA’s failure to have a procedure in place to distinguish which student loans are discharged is negligence.
Prior to filing for bankruptcy, the Debtor incurred a student loan (ultimately held by Navient) to attend the Reformed Theological Seminary. The seminary was not…
Jim Haller | January 9, 2020
Bankruptcy Court Discharges Student Loans, Labels “Certainty of Hopelessness” Standard a “Myth” and Not Supported by In re Brunner.
Prior to filing bankruptcy, the Debtor borrowed money to pay for his undergraduate education. After graduating and serving in the United States Navy for five…
Jim Haller | December 6, 2019
Case Bites: Interesting Issues and Decisions from This Week’s Cases
Does a creditor violate the automatic stay by threatening a debtor with criminal prosecution to collect a civil debt? (Bankr. W.D.VA.) In chapter 13, can an under-secured 910-car creditor tack on post-petition attorney’s fees? (Bankr. W.D.AR.) In a chapter 7…
Jim Haller | November 30, 2019
Case Bites: Interesting Issues and Decisions from This Week’s Cases
Does a bankruptcy court have the discretion to deny an amendment of exemptions if the amendment is in bad faith or would prejudice creditors? (8th Cir.) What are the dangers in filing an emergency bankruptcy petition for a Debtor you…
Jim Haller | November 23, 2019
Case Bites: Interesting Issues and Decisions from This Week’s Cases
Does a chapter 7 debtor have standing to object to the trustee’s proposed sale of assets? (8th B.A.P.) Can a debtor exempt a rifle as “[n]ecessary apparel, bedding, foodstuffs, household furniture and appliances?” (Bankr. D.CT.). Is failure to disclose ownership…
Jim Haller | November 16, 2019
Case Bites: Interesting Issues and Decisions from This Week’s Cases
Does a calendaring error made by Debtor’s counsel constitute “excusable neglect” under Civ. P. 60(b)(1) and Fed. R. Bankr. P. 9024? (Bankr. E.D.MI.) Can Debtors defend against a trustee’s tuition claw back by asserting they received the economic benefit of…
Jim Haller | November 8, 2019
Case Bites: Interesting Issues and Decisions from This Week’s Cases
Can a state agency argue that a debt is non-dischargeable under Section 523(a)(7) if it began criminal proceedings to collect the debt post-petition?(Bankr. N.D.AL.) Does a chapter 7 debtor have standing to object to a claim? (Bankr. E.D.NY.) Can debtor’s…
Jim Haller | November 1, 2019
Case Bites: Interesting Issues and Decisions from This Week’s Cases
In a chapter 13, does a car creditor violate the automatic stay if the storage lot owner does not release a repossessed vehicle? (Bankr. E.D.MI.) Is a homestead refund credit received post-petition on real estate taxes paid pre-petition part of…
Jim Haller | October 25, 2019
Case Bites: Interesting Issues and Decisions from This Week’s Cases
Does a Defendant asserting judicial estoppel have standing to object to a motion to reopen a bankruptcy (11 U.S.C. § 503) to disclose the omitted claim? (D. W.D.WA.) Can a debtor pay off a car title pawn loan over the…
Jim Haller | October 18, 2019
Case Bites: Interesting Issues and Decisions from This Week’s Cases
If a bankruptcy court denies a discharge under Section 727, does it have the authority to enter a money judgment against the debtor under a non-dischargeability proceeding under Section 523? (Bankr. E.D.MI.) Can a chapter 13 debtor cram down a…
Jim Haller | October 15, 2019
District Court Confirms Debtor’s Absolute Right to Dismissal under Section 1307
Prior to filing bankruptcy, the Debtor was sued in state court for fraudulent misrepresentation and for breaching a contract to restore a vintage automobile. A default judgment was entered against her. Ten years later she filed a chapter 13 bankruptcy.…
Jim Haller | October 11, 2019
Case Bites: Interesting Issues and Decisions from This Week’s Cases
Can a debtor, post-deposition, make material, contradictory changes to his deposition transcript on the Errata Sheet? (Bankr. N.D.GA.) Can the bankruptcy court allow a late claim by a creditor omitted from a timely filed creditors list? (Bankr. MD.) Can a…
Jim Haller | October 8, 2019
11th Circuit Holds Trustee’s Knowledge of Fraud Before Discharge Does Not Bar Trustee From Later Seeking Revocation of the Discharge
In 2011 the Debtors filed a voluntary chapter 13 bankruptcy which was converted later that year to a chapter 11. Several years later it was…
Jim Haller | October 7, 2019
Bankruptcy Court holds a personal injury claim is not “abandoned” if disclosed on the bottom of Schedule I (possible increase of income) but not on Schedule B.
The Debtor was injured in a traffic accident in 2012. Later that year he filed a chapter 7 bankruptcy. He didn’t list the personal injury…
Jim Haller | October 4, 2019
Case Bites: Interesting Issues and Decisions from This Week’s Cases
In a chapter 13, should debtor’s attorney’s fees be paid before commencing repayment to unsecured creditors? (S.D.Ind.) Can a debtor get reimbursed from estate assets for paying off a debt outside of the bankruptcy? (Bankr. N.D.Ohio) In a chapter 7…
Jim Haller | October 2, 2019
Bankruptcy Court Allows Deduction of Debtor’s Attorney’s Fees in Means Test and Surveys Cases Allowing the Deduction.
Prior to filing bankruptcy, the Debtor hired NACBA member Jeffrey B. Kelly of the Law Office of Jeffrey B. Kelly, P.C. out of Rome, Georgia.…
Jim Haller | September 30, 2019
DIGEST OF CASE LAW UPDATES AND CASE BITES BY CIRCUIT FOR SEPTEMBER 2019
1ST CIRCUIT 1st Circuit BAP Explains The Bankruptcy Rules Concerning Motions to Vacate Judgments In a chapter 13 confirmation context, […]
Jim Haller | September 27, 2019
Case Bites: Interesting Issues and Decisions from This Week’s Cases
Are voluntary retirement contributions valid means test deductions in a chapter 13? (E.D.Mich.) Can a debtor claim a homestead exemption for sale proceeds received post-petition that were not reinvested timely? (D.ME.) Does the automatic stay stop a sanction proceeding by…
Jim Haller | September 24, 2019
7th Circuit Explains Bankruptcy Court Jurisdiction to Address Tax Claims
Prior to filing bankruptcy, the Debtors were involved in a tax dispute with the IRS. The IRS demanded the Debtors pay $107,000.00 in taxes plus $80,000.00 in fraud penalties for tax years 2009-2011. The Debtors petitioned the Tax Court for…
Jim Haller | September 20, 2019
Case Bites: Interesting Issues and Decisions from This Week’s Cases
In a student loan dischargeability proceeding, can a Debtor still demonstrate undue hardship if a student loan lender offers an IBRP of $0.00 per month? (Bankr. D.OR.) In a “Chapter 20” scenario, is it bad faith for the Debtor to…
Jim Haller | September 16, 2019
Bankruptcy Court Discusses the Four Way Case Law Split of Interpretations of Section 109(g)(2) Affecting the Eligibility to be a Debtor Within Six Months of Voluntary Dismissal
The Debtor and his spouse were indebted to Standard Mortgage Corporation (“SMC”) which was secured by a mortgage on the Debtor’s real estate. The Debtor…
Jim Haller | September 13, 2019
Case Bites: Interesting Issues and Decisions from This Week’s Cases
Does a default judgment entered prior to bankruptcy have preclusive effect in a dischargeability proceeding? (2nd) Can a UCC lien be avoided if it doesn’t contain a description of the collateral and instead refers to a description in another document?…
Jim Haller | September 11, 2019
Bankruptcy Court Enforces Automatic Stay Award by Debiting Award From Creditor’s Claim, Collects Cases Reporting Damage Awards
Prior to filing bankruptcy the Debtor was paying Defendant Americar, Inc. d/b/a Auto Brokers (“Auto Brokers”) for the purchase of a 2007 GMC Yukon Denali…
Jim Haller | September 9, 2019
Bankruptcy Court Denies Chapter 7 Trustee’s Proposed $105,000.00 Settlement of Slip and Fall as Not Fair and Equitable
The married Debtors (Mr. Alfonso and Ms. Diaz) filed a chapter 7 bankruptcy. Prior to filing, Ms. Diaz had been injured in a slip and…
Jim Haller | September 6, 2019
Case Bites: Interesting Issues and Decisions from This Week’s Cases
Whether a chapter 7 debtor, who wants to retain a leased vehicle, must sign a reaffirmation agreement to assume the lease. (Bankr. D.Mass.) Is an adversary proceeding required to avoid a wholly unsecured junior mortgage in addition to chapter 13…
Jim Haller | September 4, 2019
1st Circuit BAP Explains The Bankruptcy Rules Concerning Motions to Vacate Judgments
On August 28, 2019, the First Circuit Bankruptcy Appellate Panel affirmed a pair of orders from the Bankruptcy Court denying Debtor’s motions to vacate. This was an unpublished opinion. The Debtor filed a chapter 13 petition in September 2016 asserting…
Jim Haller | August 30, 2019
Case Bites: Interesting Issues and Decisions from This Week’s Cases
Can a discharge be denied under 11 U.S.C. §§ 727(a)(2) and (4) when Debtors failed to disclose a $46,000.00 ring previously thrown into the lake behind their home? (D.ID.) Are payments (received under the Adoption Assistance and Child Welfare Act…
Jim Haller | August 29, 2019
Cases Citing Supreme Court Case of In re Taggart Through August 29, 2019
The following are all cases citing the Supreme Court opinion of In re Taggart, 139 S. Ct. 1795, 204 L. Ed. 2d 129 (U.S. June 2019) through August 29, 2019. Case outlines follow below. Also, NACBA recently presented a webinar…
Jim Haller | August 27, 2019
Bankruptcy Court Disallows Expense of $900.00 Per Month for Medical Marijuana on Means Test
On July 25, 2019, the Bankruptcy Court for the District of Colorado denied confirmation of a plan based on the failure of the Debtors to submit their disposable income per the means test. The Debtors claimed a special circumstance expense…
Jim Haller | August 26, 2019
Bankruptcy Court Partially Discharges Private Law School Debt Because Debtor Could Not Survive Creditor’s Potential Garnishment
On August 23, 2019, the Bankruptcy Court for the District of Oregon partially discharged an attorney’s private student loans in an unpublished opinion. NACBA member…
Jim Haller | August 23, 2019
Case Bites: Interesting Issues and Decisions from This Week’s Cases
Is property awarded but not transferred to a non-filing spouse considered property of the estate? (Bankr. W.D.PA.) Does the automatic stay prevent a creditor from deposing the debtor’s attorney? (Bankr. D.MD.) Does a secured creditor’s inaction indicate acceptance of a…
Jim Haller | August 16, 2019
Case Bites: Interesting Issues and Decisions from This Week’s Cases
Can a debtor waive a written affirmative defense to relief from stay by failing to argue or prove it at trial? (Bankr. E.D.Ark.) Is a DSO creditor entitled to object to a plan if the creditor didn’t timely file a…
Jim Haller | August 14, 2019
7th Circuit Rules Creditor Should be Held in Contempt for Jailing Discharged Debtor but No Contempt for Creditor’s Counsel
On August 13, 2019, the Seventh Circuit Court of Appeals reversed in part and affirmed in part the lower courts. On appeal, NACBA board member…
Jim Haller | August 12, 2019
In an Unpublished Opinion, the 11th Circuit Discusses Rarely Used 523(a)(19) Exception to Discharge and Types of Default Judgments That Can Cause Issue Preclusion
On August 7, 2019, the Eleventh Circuit Court of Appeals determined that the Debtors were not eligible for discharge under 11 U.S.C. § 362(a)(19). Prior…
Jim Haller | August 9, 2019
Case Bites: Interesting Issues and Decisions from This Week’s Cases
In a Chapter 20 cramdown of a junior lien, can the junior lienholder file an unsecured claim for the amount of the voided lien? (9th Cir. BAP) Can an heir to real estate cram down a reverse mortgage in chapter…
Jim Haller | August 6, 2019
Bankruptcy Court Penalizes Debtor’s Counsel For Filing Motions to Pay Filing Fee in Installments When Counsel Received $500.00 Pre-petition Retainers, Filing Petitions Without Wet Signatures and Commingling Funds
On August 5, 2019, the Bankruptcy Court for the Western District of Pennsylvania entered an order sanctioning Debtors’ counsel. In this miscellaneous proceeding, the Court…
Jim Haller | August 5, 2019
Bankruptcy Court Discusses Novel Argument Contesting Cram Down of Totally Unsecured Mortgage
In 2004 the Debtors purchased their home with a $209,000.00 purchase money deed of trust held by Bayview Loan Servicing (Bayview). In 2006 the Debtors obtained a second mortgage from Madison Management Services (Madison). In 2017, the Debtors and Bayview…
Jim Haller | July 26, 2019
Case Bites: Interesting Issues and Decisions from This Week’s Cases
Can a chapter 13 plan modify student loans so that interest does not accrue during the bankruptcy? (Bankr. D.CT. July 23, 2019) Can an above-median income debtor’s confirmed chapter 13 plan payment be modified 18 days post-confirmation using schedules I…
Jim Haller | July 24, 2019
Bankruptcy Court Denies Disqualification of Creditor’s Counsel/Co-Defendant in Adversary Proceeding for Violation of the Automatic Stay
The debtor filed a chapter 13 bankruptcy case the day before the foreclosure sale of his residence. The debtor notified creditor’s counsel of the filing…
Jim Haller | July 22, 2019
Bankruptcy Court Rules Judgment Lien Only Partially Avoided When Some Equity Exists Under Section 522(f)(1)(A)
The value of Debtor’s real estate was $90,147.00. The first mortgage was $70,100.13 and the judicial lien was $88,609.56. The Debtor’s homestead exemption is $15,000.…
Jim Haller | July 19, 2019
Case Bites: Interesting Issues and Decisions from This Week’s Cases
In an adversary discharge proceeding, can the bankruptcy court treat a motion for summary judgment (that asserts a new affirmative defense) as a motion to amend an answer? (Bankr. S.D.N.Y.) Can a chapter 7 trustee be awarded attorney’s fees incurred…
Jim Haller | July 18, 2019
Siding with Minority, Bankruptcy Court Rules the 365-Day Anti-Modification Rule of Section 1325(a)(9) Applies to Vehicles
Within one year of filing his chapter 13, the Debtor jointly purchased a vehicle and cosigned a note with his son. The son does not…
Jim Haller | July 17, 2019
Bankruptcy Court Holds Trustee’s Avoidance Action Untimely and Not Determined by State Law
Debtor filed his Chapter 7 petition on July 25, 2014. Plaintiff was appointed as the Chapter 7 Trustee on July 26, 2014. Less than one month after filing the petition, Debtor amended his Statement of Financial Affairs on August 15,…
Jim Haller | July 15, 2019
Bankruptcy Court Rules Vintage Undrivable Car Not Entitled to Vehicle Exemption
The Debtors filed a chapter 7 bankruptcy and listed a 1937 Ford Tudor as an asset. The vehicle was described as “Bad Transmission --- fair condition.” At filing the transmission was inoperable and the seats were removed. As such, the…
Jim Haller | July 12, 2019
Case Bites: Interesting Issues and Decisions from This Week’s Cases
In a student loan discharge proceeding regarding nine (9) loans, can a bankruptcy court discharge just some of those loans? (Bankr. N.D.IA.) Can a successful debtor in a non-dischargeability proceeding be awarded attorney’s fees when pre-petition litigation awarded attorney’s fees…
Jim Haller | July 9, 2019
Taggart Watch – Bankruptcy Court Asserts Authority Citing Taggart and Fines PHH for Violations of Rule 3002.1
This case consolidated three bankruptcy cases with similar facts. In two cases (Gravel and Beaulieu), the Court entered an order determining that the Debtors had…
Jim Haller | July 5, 2019
Case Bites: Interesting Issues and Decisions from This Week’s Cases
Issues discussed in cases below: If debtors make a pre-petition fraudulent transfer relying on attorney’s advice, when does a cause […]
Jim Haller | July 1, 2019
Taggart Watch – District Court Discusses Contempt Against Third Parties Who Aid or Abet Contemnor
The most recent case to cite Taggart v. Lorenzen, 139 S. Ct. 1795 (2019) is a non-bankruptcy case discussing the enforcement of an injunction against the defendant and against third parties conspiring to violate the injunction. This case is interesting as…
Jim Haller | June 27, 2019
Bankruptcy Courts Have Discretion to Allow Chapter 13 Debtors to Make a Curative Payment After Expiration of the Plan Duration Says District Court
On June 25, 2019 the District Court for the Eastern District of Michigan reversed and remanded a decision by the Bankruptcy Court about late plan…
Jim Haller | June 28, 2019
Case Bites: Interesting Issues and Decisions from This Week’s Cases
Issues discussed in cases below: Are state overpayments from the Child Care Assistance Program and the Supplemental Nutrition Assistance Program […]
Jim Haller | June 26, 2019
Bankruptcy Court Suspends Counsel for Changing Schedules After Signing. Employing “Trust But Verify” the Court “Peeked and Shrieked.”
It’s going to be a bad opinion when the judge brings up Pandora’s Box in the beginning of the opinion and titles the last section…
Krista D'Amelio | June 25, 2019
NACBA Calls to Restore the Student Debt Bankruptcy Discharge
For Immediate Release: WASHINGTON, D.C.- Today, the National Association of Consumer Bankruptcy Attorneys (NACBA) was given the opportunity to testify […]
Jim Haller | June 21, 2019
Case Bites – Interesting Bites From This Week’s Cases
If service of an adversary complaint is not completed until 21 days after the Clerk issues the summons, and no response is filed, can a Court sua sponte deny a request for entry of default judgment for improper service? Can…
Jim Haller | June 20, 2019
7th Circuit Rules Chicago Can Not Ignore the Automatic Stay and Hold Vehicles Until Tickets are Paid
On June 19, 2019 the 7th Circuit Court of Appeals affirmed the decisions of the lower bankruptcy courts. In four chapter 13 bankruptcies, the City of Chicago impounded vehicles owned by the Debtors for failure to pay multiple traffic fines.…
Jim Haller | June 19, 2019
Taggart watch: three recent cases interpret the Supreme Court case In re Taggart
I will be publishing cases citing and interpreting the Supreme Court’s recent decision in Taggart concerning the enforcement of the […]
Jim Haller | June 18, 2019
Bankruptcy Court Rules Exemption Planning Doesn’t Justify Exemption Disallowance Unless there is Fraudulent Conduct
On June 14, 2019 the Bankruptcy Court for the Western District of Wisconsin overruled the chapter 7 trustee’s objection to a claimed exemption. Prior to…
Jim Haller | June 17, 2019
7th Circuit Reverses Precedent, Holds No Compliance Exceptions to Rule 8006(g) Based on the Functional-Equivalence Doctrine and/or the Harmless-Error Doctrine
In this case the Debtors moved for sanctions against Kreisler Law, P.C., alleging that the law firm violated the automatic stay arising from their bankruptcy petition by filing…
Jim Haller | June 14, 2019
Case Bites and Taggart Watch
Every Friday, we will publish a list of interesting case bites from this week’s cases. Also, we will be publishing […]
Jim Haller | June 13, 2019
District Court Examines Split in Authority Whether Religious and Charitable Donations Are Permissible Expenses In Determining Undue Hardship in Student Loan Discharge Proceeding
On June 12, 2019 the United States District Court for the Southern District of New York entered an order affirming the order of the bankruptcy…
Jim Haller | June 10, 2019
DC Circuit Rules Waiver of Res Judicata Not Binding on the Court and Once Raised A Debtor Needs to Submit Evidence To Support Mistaken Nondisclosure
On June 7, 2019 the United States Court of Appeals for the District of Columbia Circuit addressed whether the failure to disclose their discrimination claims…
Jim Haller | June 5, 2019
Mom’s Pre-petition Payoff of Debt Considered Preferential Transfer Says 10th Circuit BAP
On June 4, 2019 the Bankruptcy Appellate Panel for the 10th Circuit Court of Appeals (BAP) affirmed the decision of the bankruptcy court. Prior to filing bankruptcy, the Debtor owed over $20,000.00 to his attorneys, Stevens, Littman, Biddison, Tharp and…
Jim Haller | May 31, 2019
Bankruptcy Court Denies Motion To Revoke Discharge Because Creditor’s Address Was Mangled
On May 22, 2019, the Bankruptcy Court for the Southern District of Texas denied the Creditor’s complaint for revocation of discharge. Prior to the bankruptcy, the Creditor obtained a default judgment against the Debtor. The default judgment listed the Creditor’s…
Jim Haller | May 29, 2019
Bankruptcy Court Sanctions Capital One For Failure to Release Judgment Lien 13 Years After Lien Originally Avoided
On May 28, 2019, the Bankruptcy Court for the Eastern District of Kentucky granted the Debtors’ motion for contempt against Capitol One Bank. The Debtor…
Jim Haller | May 24, 2019
Bankruptcy Court Disallows Retirement Loan Repayment Expenses and Dismisses Chapter 7
On May 23, 2019, the Bankruptcy Court for the District of New Jersey granted the United States Trustee’s (UST) motion to dismiss.
Jim Haller | May 22, 2019
District Court Holds Condo Association’s Interest Is Not Protected by 1322(b)(2) Because It Is Both A Security Interest and a Statutory Lien (Subtitle: Good Case to Brush Up on Exceptions to Anti-Modification Rule of 1322(b)(2) Regarding HOA and Condo Association Liens)
On May 21, 2019, the United States District Court for the District of New Jersey reversed the dismissal of the Debtor’s chapter 13 petition and…
Jim Haller | May 14, 2019
5th Circuit Rules That Bankruptcy Courts May (But Not Shall) Allow Reimbursement of Fees for Filing, Credit Counseling and Credit Reports to Debtor’s Attorneys in Chapter 13
On May 13, 2019, the Fifth Circuit Court of Appeals ruled on an appeal stemming from several cases involving no-money-down chapter 13 business models, wherein…
Jim Haller | May 13, 2019
Bankruptcy Court Reviews Creditor’s Remedies to Object to Discharge After Deadline Has Expired
On May 10, 2019, the United States Bankruptcy Court for the Southern District of New York ruled on a creditor’s motion to extend the deadlines to object to the Debtor’s discharge.
Jim Haller | May 10, 2019
Bankruptcy Court Denies Motion to Impose Stay as Untimely and Unavailable
On May 9, 2019, the United States Bankruptcy Court for the Northern District of Mississippi ruled on the Debtor’s Motion to Impose the Automatic Stay and a creditor’s comfort motion affirming that the stay no longer protects Debtor’s property.
Krista D'Amelio | May 9, 2019
NACBA Applauds Bicameral Congressional Effort to Diffuse the Student Loan Debt Bomb
WASHINGTON, May 9, 2019—The National Association of Consumer Bankruptcy Attorneys (NACBA), the only organization dedicated to protecting and enhancing the […]
Krista D'Amelio | May 9, 2019
U.S. Senator Sherrod Brown Awarded NACBA’s 2019 Champion of Consumer Rights Award
The National Association of Consumer Bankruptcy Attorneys (NACBA) is pleased to announce that Senator Sherrod Brown (D-OH) has been awarded the prestigious Champion of Consumer Rights Award for 2019. Since 2007, Senator Brown has served American consumers ensuring that consumers’…
Jim Haller | May 9, 2019
In a §523(a)(6) Dischargeability Proceeding, the 4th Circuit Rules Collateral Estoppel Does Not Apply When State Court Judgment Did Not Make Specific Findings of Intent
On May 8, 2019, the Fourth Circuit Court of Appeals reversed and remanded an award of summary judgment concerning a dischargeability proceeding under 11 U.S.C.…
Jim Haller | May 8, 2019
Bankruptcy Court Gnaws Whether Dog Bite Non-Dischargeability Claim is De Jure Not A Willful and Malicious Injury
On May 3, 2019, the Bankruptcy Court for the District of New Mexico ruled on Defendants’ motion to dismiss in a dischargeability adversary complaint. The…
Jim Haller | May 2, 2019
9th Circuit BAP Finds Disclosure of Debtor’s Claim in the SOFA Sufficient for Abandonment (Subtitle: BAP Surveys Cases Nationally on Disclosure and Abandonment)
In an unpublished opinion entered on April 29, 2019, the 9th Circuit Bankruptcy Appellate Panel addressed the thorny issue whether a debtor's disclosure of an…
Jim Haller | May 1, 2019
District Court Holds Arbitration Provision in Credit Card Contract Survives Discharge
On May 1, 2019 the District Court for the Eastern District of Pennsylvania granted motions by Debtor’s discharged credit card lenders to compel arbitration of claims made under the Fair Credit Reporting Act.The Debtor filed a chapter 7 bankruptcy and…
Jim Haller | April 30, 2019
Bankruptcy Court Denies Fee for Debtor’s PI Attorney For Failure to Check PACER and Have Retention Agreement Approved
On March 27, 2019 the Bankruptcy Court for the Southern District of Alabama denied a fee request by Debtor’s personal injury (PI) attorney.Prior to filing…
Jim Haller | April 29, 2019
Bankruptcy Court Rules that Pre-Petition Guilty Plea and Civil Judgment Not Collateral Estoppel in Subsequent Dischargeability Proceeding
On April 25, 2019 the Bankruptcy Court for the Northern District of Illinois ruled on several issues concerning a dischargeability complaint filed against the Debtor.Prior…
Jim Haller | April 26, 2019
District Court Holds That Wells Fargo’s Account Freeze is Not a Violation of the Automatic Stay. (Subtitle: District Court’s Opinion is a Reminder to Warn Clients About Wells Fargo Before Filing Bankruptcy)
On April 25, 2019 the District Court for the Southern District of New York reversed a Bankruptcy Court order that found Wells Fargo had violated…
Jim Haller | April 25, 2019
Bankruptcy Court Awards Debtor $204,867.00 in Damages Against Creditor and Creditor’s Law Firm for Post-Discharge Lawsuit of Discharged Debt
On April 23, 2019 the Bankruptcy Court for the Northern District of Oklahoma entered a lengthy 87 page opinion awarding the Debtor $50,000.00 in damages…
Jim Haller | April 25, 2019
Court Rules No Discharge Violation, Debtor’s Plan Language Didn’t Require Vehicle Lien Release Upon Plan Completion
On April 24, 2019 the Bankruptcy Court for the Northern District of Georgia dismissed an adversary complaint against Portfolio Recovery Associates, LLC (PRA). The complaint…
Jim Haller | April 19, 2019
Bankruptcy Court Determines Redemption Value of Frankenstein Truck
On April 18, 2019 the Bankruptcy Court for the District of New Mexico entered an order determining the redemption value of a highly modified pickup truck.The Debtor purchased the truck in August of 2014 by obtaining a loan in the…
Jim Haller | April 17, 2019
Bankruptcy Court Rejects Equitable Tolling Argument to Extend Deadline to File Dischargeability Complaint
On April 16, 2019 the Bankruptcy Court for the District of New Jersey denied the Creditors’ motion to extend the dischargeability complaint deadline.Creditors allege that…
Jim Haller | April 10, 2019
District Court Affirms Chapter 13 Debtor’s Absolute Right to Dismiss Despite Bad Faith, Refuses to Extend Marrama
Noting a split in authority, the District Court for the Northern District of New York found that a chapter 13 debtor has the absolute right…
Jim Haller | April 4, 2019
Bankruptcy Court Reviews Exceptions to General Rule Denying Discharge for Omitted Debts in Chapter 13 Cases
On April 3, 2019 the Bankruptcy Court for the District of Kansas determined that an unscheduled debt in the Debtor’s chapter 13 case was discharged.…
Jim Haller | April 3, 2019
Bankruptcy Court Joins Minority, Grants Discharge, and Denies the Trustee’s Motion to Dismiss for Delinquent Post-Petition Mortgage Payments
On March 28, 2019 the Bankruptcy Court for the District of Arizona Denied the Trustee’s Motion to Dismiss based on the Debtors’ post-petition mortgage default.…
Jim Haller | April 2, 2019
Bankruptcy Court Cites Achilles in Well-Heeled Analysis of Sovereign Immunity for the State Revenue Department
It’s going to be an interesting opinion when the first line reads “In mythological lore, the Greek hero Achilles thought himself to be invincible, impervious…
Jim Haller | April 1, 2019
Disclosure of Attorneys Fees Is Required if Services Have Any Impact on a Bankruptcy Case
On March 29, 2019, the United States Bankruptcy Court for the Eastern District of New York explained in detail the disclosure requirements under 11 U.S.C. § 329(a) and Fed. R. Bankr. P. 2016(b).
Jim Haller | March 27, 2019
Illinois District Court Refuses to Adopt Categorical Rule that a Bankruptcy Disclaimer on a Post-Discharge Communication to a Debtor Excuses Debt Collector from Liability
On March 25, 2019, the United States District Court for the Northern District of Illinois denied a motion to dismiss an FDCPA class action lawsuit…
Jim Haller | March 27, 2019
Michigan District Court Applies Judicial Estoppel to Employment Discrimination Suit – Despite Debtor’s Disclosure of the Claim to the Bankruptcy Attorney
On March 26, 2019, the United States District Court for the Eastern District of Michigan dismissed the Debtor/Plaintiff’s lawsuit against USF Holland, LLC based on…
Jim Haller | March 25, 2019
Illinois Bankruptcy Court Examines Whether Severance Pay is Estate Property
On May 1, 2018 the Debtor was laid off from his job. His employer offered the Debtor a separation agreement offering the debtor the amount of $83,333.33 which was four months of base salary. These payments were to be paid…
Jim Haller | March 20, 2019
Texas Bankruptcy Court Says Surrender Doesn’t Require Delivery
In 2005 the Debtors purchased a used mobile home with a secured loan from 21st Mortgage Corporation (21st Mortgage). In August 2018 the Debtors filed a chapter 7 bankruptcy petition with the intent of reaffirming the debt to 21st Mortgage.…
Jim Haller | March 19, 2019
Georgia Bankruptcy Court Reviews Case Split on Bases to Amend Plan Under 1329 (Subtitle: When the Original Plan was Confirmed with Inclusion of SSI Benefits, Can the Debtor Later Amend the Plan to Remove That Contribution?)
In this case the debtor had a confirmed plan in which he had pledged some of his fiancé’s SSI income to make his plan payments…
Jim Haller | March 15, 2019
7th Circuit Reverses Bankruptcy Courts’ Uniform Rule to Keep Debtor’s Vehicle in Chapter 13 Post-Confirmation Estate
This opinion was based on the consolidated appeals of seven cases. Each of the seven debtors filed a petition for bankruptcy under Chapter 13 of…
Jim Haller | March 13, 2019
In Stay Violation Proceeding, Florida Bankruptcy Court Awards Debtor $45,500.00 against the Creditor, $15,000.00 against Creditor’s Counsel, Plus a Show Cause Order Why The Court Shouldn’t Impose Additional Sanctions Against Counsel
The Bankruptcy Court for the Northern District of Florida recently issued an opinion that all debtors’ counsel should read. The court reviewed in detail the…
Jim Haller | March 12, 2019
11th Circuit Affirms that a Final Discharge Order Moots Creditor’s Appeal of Dismissed Dischargeability Complaint
On March 8, 2019 the 11th Circuit Court of Appeals ruled that an appeal from an order denying a creditor’s complaint to determine dischargeability under…
Jim Haller | March 8, 2019
Kansas Bankruptcy Court Denies Motion to Extend Deadline to Object to Discharge When Debtor Has Been Cooperative, Courts in the 10th Circuit Must Strictly Enforce the Discharge Objections Deadline.
On March 7, 2019 the Bankruptcy Court for the District of Kansas denied a creditor’s motion to extend the deadline to file an adversary proceeding…
Jim Haller | March 6, 2019
Bankruptcy Court Approves Higher Hourly Rate for Attorney Who Attended CLE
The Bankruptcy Court for the Western District of Michigan has a three-tiered presumptive hourly rate for chapter 13 debtor’s attorneys. The first, at $175.00 per hour, is the lowest tier. The second, at $220.00 per hour, is for attorneys who…
Jim Haller | March 5, 2019
6th Circuit BAP Holds Creditors Have a Duty to Act to Stop Civil Contempt Proceedings
On March 4, 2019 the Bankruptcy Appellate Panel of the 6th Circuit Court of Appeals ruled on multiple issues important to debtors.
Jim Haller | February 27, 2019
7th Circuit Clarifies Issues Regarding The “Finality” of Lower Court Orders on Appeal
On February 26, 2019, the 7th Circuit Court of Appeals ruled whether a district court’s ruling on an interlocutory appeal from the bankruptcy court was “final.” Under 28 U.S.C. §158(d)(1) the circuit court only has jurisdiction from appeals from all…
Jim Haller | February 27, 2019
9th Circuit Rules on Whether Chapter 20s Are Per Se Bad Faith Filings and Whether An Obvious Intended Lien Avoidance Action Affects Eligibility Under 11 U.S.C. § 109
The 9th Circuit Court of Appeals, in an unpublished opinion, recently ruled on two important issues. The Court examined whether filing a chapter 13 bankruptcy…
Jim Haller | February 22, 2019
Nebraska Bankruptcy Court Rules §506(b) Is Not A Blank Check for Over-Secured Creditors, Knocks off $38,355.85 of Excessive Fees and Charges
The Bankruptcy Court for the District of Nebraska recently reviewed the reasonableness of the fees and charges claimed by a mortgage creditor on an over-secured…
Jim Haller | February 21, 2019
Maryland Bankruptcy Court Holds Failure to Produce Writings Doesn’t Invalidate Credit Card Claims
The Bankruptcy Court for the District of Maryland recently ruled whether several claims based on an open-ended credit card agreements could be disallowed for failure to provide the Debtors documents supporting the claim. The Debtors’ counsel had requested the creditors…
Jim Haller | February 20, 2019
Bankruptcy Court Addresses Eligibility, Non-formal Notice of Bankruptcy and a Creditor’s Affirmative Duty to Correct Technical Violations of the Automatic Stay
A bankruptcy court recently ruled on several issues of importance to all potential debtors. First, the court examined the effect of a prior dismissal order…
Jim Haller | February 15, 2019
Bankruptcy Court holds Debtor is Entitled to Chapter 13 Discharge even if Co-Debtor is Delinquent on Post-Petition DSO Payments
A bankruptcy court recently reviewed the issue whether a debtor can receive a discharge under § 1328 even if her co-debtor husband is delinquent on…
Jim Haller | February 14, 2019
Bankruptcy Court Rejects Ditech’s Standing to file Mortgage Claim
A bankruptcy court recently expunged a claim of Ditech Financial LLC (Ditech) asserting that it was the creditor and the servicer of a note secured by an investment property (the “Property”) owned by the Debtors. Ditech filed a petition for…
Jim Haller | February 12, 2019
Bankruptcy Court Highlights Broader Discharge Provisions in Chapter 13 and Finds that Converting a Case from 7 to 13 to Utilize the Broader Discharge is Not Bad Faith.
The United States Bankruptcy Court for the Northern District of Georgia recently denied an objection to confirmation concerning the debtors’ conversion to a chapter 13…
Jim Haller | February 11, 2019
Bankruptcy Court Denies USA’s Blanket Request for Tolling of Deadlines During Lapse of Appropriations
In an unpublished opinion, the Bankruptcy Court for the Northern District of Ohio recently denied a motion from the United States Attorney’s Office “requesting a…
Jim Haller | February 8, 2019
Should You Object to that Claim Now or in The Next Bankruptcy Case? A Bankruptcy Court Discusses the Effect of Res Judicata in Claim Allowance and Disallowance
The Bankruptcy Court for the Central District of California recently examined whether a claim, allowed or disallowed in a previously dismissed bankruptcy, has res judicata…
Jim Haller | February 7, 2019
Bankruptcy Court Clarifies Authentication Standard in Motions for Summary Judgment
The Bankruptcy Court for the District of Delaware recently clarified the authentication standard for an exhibit attached to a motion for summary judgment. The court specifically examined the change in Fed.R.Civ.P. 56(c)(4) in 2010 (made applicable to bankruptcy proceedings in…
Jim Haller | February 6, 2019
10th Circuit BAP Says Amending Schedules in a Reopened Case is not Subject to Excusable Neglect Test
The Bankruptcy Appellate Panel for the 10th Circuit recently addressed a thorny issue about amending schedules in reopened cases. See In re Dollman, BAP No. NM-18-030(10th Cir. B.A.P. February 5, 2019). The question is whether a debtor in a reopened…
Jim Haller | February 5, 2019
Bankruptcy Court Allows Exemption of Pre-petition Disbursement from 401k
The Bankruptcy Court for the Eastern District of Louisiana recently reviewed an interesting case where the debtor’s pre-petition 401k disbursement was held by a state taxing agency. See In re Bostick, No. 18-10069 (Bankr. E.D.LA. Feb. 1, 2019). The court…
Dan LaBert | February 3, 2019
2019 President’s Letter to Membership
As we collectively depart 2018 and begin anew in 2019, it may be an overstatement to apply this famous quote to any portion of our lives, our practices, or of NACBA as a whole. Still, in looking back, one can…
Jim Haller | February 1, 2019
8th Circuit Addresses Res Judicata and Good Faith in Sanctions Case
In First State Bank of Roscoe v. Stabler, No. 17-1904, 2019 U.S. App. LEXIS 3041 (8th Cir. Jan. 30, 2019), the 8th Circuit affirmed discharge violations against the First State Bank of Roscoe and it’s principal John R. Beyers for…
Jim Haller | January 24, 2019
Bankruptcy Court defines Surrender Citing Roberto Duran, George Custer and Napoleon
The Bankruptcy Court for the Northern District of Oklahoma recently reviewed the definition of “surrender” in a chapter 13 plan. In re Ball, No. 17-10953 (Bankr. N.D..OK. Jan. 23, 2019).
Jim Haller | January 23, 2019
Bankruptcy Court Says Call First Before Seeking Attorney’s Fees
The Bankruptcy Court for the Eastern District of Michigan recently ruled whether a creditor must pay attorney’s fees to the objecting party when the creditor filed a claim with deficient information. In re Ball, No. 17-22574 (Bankr. E.D.MI. Jan. 22,…
Jim Haller | January 17, 2019
Incarceration Does Not Exempt Debtor From Completing the Credit Counseling Requirement
The Bankruptcy Court of the Northern District of Ohio recently ruled that a debtor incarcerated in federal prison is not entitled to an exemption under 11 § U.S.C. 109(h)(4). In re Heim, No. 18-62067 (Bankr. N.D. Ohio Jan. 16, 2019).
Jim Haller | January 17, 2019
Title Loans Aren’t Valid Deductions on Means Test Says Utah Bankruptcy Court
The Utah Bankruptcy Court recently ruled that a non-purchase money interest in a debtor’s vehicle is not a valid deduction on Form 122C-2 Calculation of Disposable Income. In re Traylor, No. 18-23314, 2019 Bankr. LEXIS 75 (Bankr. D. Utah Jan.…
Dan LaBert | January 14, 2019
Consumer Law Changes Taking Effect in 2019
(This article first appeared at NCLC.org) This article lists federal and state consumer law changes that already are scheduled to go […]
Jim Haller | January 10, 2019
In Sanctions Matter Bankruptcy Court Shuts Down Creditor’s Defense of No Notice
The Utah Bankruptcy Court framed the issue as “Is it a credible defense to a motion for sanctions for stay violations for a creditor to claim it lacked notice of the bankruptcy filing, even after service of multiple bankruptcy papers…
Jim Haller | January 8, 2019
9th Circuit Clarifies Awards of Appellate Attorney’s Fees in Sanctions Case
The Ninth Circuit recently ruled that Section 362(k) of the Bankruptcy Code allows an award of attorney’s fees when the debtor successfully defends or challenges a judgment for violation of the automatic stay. In Easley v. Collection Serv. of Nev.,…
Jim Haller | January 4, 2019
Ninth Circuit panel affirms that a Chapter 7 Debtor is not allowed to amend homestead exemption to protect post-petition increase in home value.
In a 2-1 decision, the panel held that the debtor’s exemption is limited to the specific amount of equity in the home as of the…
Krista D'Amelio | September 26, 2018
NACBA/NCLC Testify Before House Judiciary Subcommittee
WASHINGTON, D.C. On Wednesday, September 26, 2018 NACBA Legislative Committee Member, John Rao, testified before the House Judiciary Subcommittee on […]
Krista D'Amelio | September 4, 2018
Washington Update- September 4, 2018
This is the latest update from Washington, designed to keep NACBA members informed about significant and relevant activity on the […]
Bobby Wilbert | August 10, 2018
Funds Debtor was Awarded from Ex-Husband’s Retirement Account Could Not be Exempted as Alimony
Bobby Wilbert | August 6, 2018
Law Firm did Not Willfully Violate Automatic Stay, even though its Actions caused Debtor to Spend time in Jail
Bobby Wilbert | July 30, 2018
Debtor with $0 Monthly Student Loan Payment under Income-Based Repayment Plan Survives ECMC’s Motion for Summary Judgment in Student-Loan Discharge Case
Chapter 7 debtor, seeks to discharge her student loans despite enrolling in an income-based repayment plan ("IBR Plan") that reduced her monthly payments to $0.…
Bobby Wilbert | July 27, 2018
Chapter 13 Plan Which Excluded Social Security Income from Funding was Proposed in Good Faith
The Debtors proposed a Chapter 13 plan that excluded their Social Security income from the funding of the plan. The Chapter 13 Trustee objected, arguing that the plan was not proposed in good faith because of the exclusion of such…
Bobby Wilbert | July 13, 2018
Court Grants Chapter 13 Debtors’ Motion to Incur Student Loan Debt for Daughter
Chapter 13 debtors moved the court for authority to borrow money, specifically to incur student loan debt on behalf of their daughter. The Trustee Objected to the motion.
Bobby Wilbert | July 9, 2018
63-Year-Old Debtor with $0 Monthly Payment under IBR Could Not Discharge Student Loans, Notwithstanding Tax Consequences of the Repayment Program
Debtor attended several colleges starting in 1972. She took out student loans in pursuit of her undergraduate degree; those loans were discharged when she filed for…
Bobby Wilbert | July 5, 2018
After Debtors Voluntarily Dismissed Chapter 13 Case, Court Approved Attorney’s Fee Application as Administrative Expense to be Paid from Funds Held by Chapter 13 Trustee
Seeking relief from mounting business debts, the Debtors retained Attorney Parker to file a joint Chapter 13 bankruptcy. After Debtors voluntarily dismissed their case—and three…
Bobby Wilbert | July 3, 2018
NFL Player’s Concussion Injury Litigation Settlement Qualified as a Disability Policy and was therefore Exempt under 11 U.S.C. § 522(d)(10)(C)
THIS CASE came before the Court for a hearing on April 4, 2018, upon Trustee's Objection to Claim of Exemption in National Football League Player's…
Bobby Wilbert | July 2, 2018
Debtor Could Not Reaffirm Lease on Automobile Since §524 Does Not Apply to Leases
This matter comes on to be heard upon the Reaffirmation Agreement ("Reaffirmation Agreement") filed by American Honda Finance Corporation ("Honda") and the Debtor.
Bobby Wilbert | July 1, 2018
Student Loan Discharged since ECMC Failed to Produce Evidence that a Loan or Signature ever Existed
The Debtor/Plaintiff filed a chapter 7 petition and, shortly after, he filed this adversary proceeding seeking a determination of dischargeability under 11 U.S.C. § 523(a)(8). He then received a discharge.
Bobby Wilbert | June 30, 2018
Funds Paid by GAP Insurance Provider After Debtor Totaled Car Were Not Property of the Estate and Belonged to Creditor
This matter requires deciding which party should receive funds paid by a Guaranteed Auto Protection (GAP) provider after Debtor totaled his car. Debtor and the…
Bobby Wilbert | June 28, 2018
Debtor’s Liability from Judgment for Taking Son’s Inheritance was Partially a “Consumer” Debt for §707 Analysis
This matter presents what would appear to be a relatively simple question—i.e., what qualifies as a "consumer debt" under the U.S. Bankruptcy Code. But appearances can…
Bobby Wilbert | June 26, 2018
Trustee Who Hired Herself as Attorney had Attorneys Fees Slashed since Trustee’s Ordinary Duties are routinely Performed by a Chapter 7 Trustee Without the Assistance of Counsel
Trustee was appointed as the Chapter 7 Trustee in this reopened case and hired herself as an attorney. Before the Court is her First and…
Bobby Wilbert | June 25, 2018
Debtor’s Counsel Fee Request Reduced by Court Where Adversary Proceeding was Not Required and Lawyer and Paralegal Both Billed at Same Hourly Rate
The Debtors, by counsel, filed a voluntary Chapter 7 petition on May 18, 2017 at which time the automatic stay of 11 U.S.C. §362(a) went…
Bobby Wilbert | June 22, 2018
Court Awards Debtor $2,080 in Compensatory Damages and $25,000 in Punitive Damages against Creditor that Coerced Debtor into Paying Discharged Debt
The Plaintiff/debtor brings this adversary proceeding against Defendants (PPR and DE III), alleging they sought to coerce the Plaintiff into paying her discharged loan in…
Bobby Wilbert | June 20, 2018
Court Awards NACBA Member $11,000 in Attorney’s Fees in Student Loan Discharge action, since the Work was Reasonably likely to Benefit the Debtor at the time that it was Performed
On October 13, 2016, Debtor filed this Chapter 13 case. On June 12, 2017, the Court confirmed the Debtor's plan. On June 18, 2017, the…
Bobby Wilbert | June 20, 2018
Above-Median Debtor Need Not Use Actual Monthly Rental Expense on Means Test Form to Determine Disposable Income
As a matter of first impression, the question before this Court is whether an above-median income earner must, on Official Form 122C-2, account for his…
Bobby Wilbert | June 19, 2018
Debtor’s Settlement for Injuries Caused by Trans-vaginal Mesh was Property of the Estate Since the Claim Existed Pre-Petition
Co-debtor in this case ("Debtor"), filed a Motion for the court to "Determine Product Liability Settlement Is Not Property Of The Bankruptcy Estate." Chapter 7 Trustee…
Bobby Wilbert | June 11, 2018
Garnishment of Debtor’s Bank Account by Judgment Creditor did Not Extinguish Debtor’s Interest in Account; Debtor Could Recover Funds under 522(f)
Creditor obtained a judgment against the Debtor in state court on April 7, 2017 in the amount of $85,203.00 in damages, plus $30,000.00 in attorney's…
Bobby Wilbert | June 7, 2018
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.…
Bobby Wilbert | June 6, 2018
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…
Bobby Wilbert | June 5, 2018
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
A 58-year-old Debtor filed an adversary proceeding to discharge her student loans, which she had obtained in her mid-forties. She was trying to improve her…
Krista D'Amelio | May 25, 2018
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 part of Congress, regulatory agencies and interest groups/think tanks.
Krista D'Amelio | May 23, 2018
NACBA Urges U.S. Department of Education to Assess & Approve Undue Hardship in Student Loan Bankruptcy Discharge
The National Association of Consumer Bankruptcy Attorneys (NACBA) submitted comments to the U.S. Department of Education (ED) on May 17, 2018, ahead of ED’s May…
Bobby Wilbert | May 22, 2018
Same-Sex Couple with Certificate of Civil Union Can File Joint Bankruptcy Petition
Debtors filed a joint petition under chapter 13 of the Bankruptcy Code on February 5, 2018. On March 5, 2018, they attended their section 341 meeting with the office of the chapter 13 trustee. During the meeting, the Debtors were…
Bobby Wilbert | May 14, 2018
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
The confirmed the Debtor's Chapter 13 plan commonly referred to as a "cure and maintain" plan. In the plan, the Debtor listed the amount of…
Krista D'Amelio | April 30, 2018
Don’t File Bankruptcy Without An Attorney: Pro Se, No Way!
“Pro se” means that individuals can file bankruptcy without an attorney. NACBA has launched its latest campaign, “Pro Se, No Way!”, to encourage debtors to seek the advice of a qualified attorney when filing bankruptcy.
Krista D'Amelio | April 26, 2018
NACBA Board Announcement
The National Association of Consumer Bankruptcy Attorneys (NACBA) is announcing the latest election results for the Board of Directors. Carol A. Colliersmith, Esq., from Marietta, GA, and Edward C. Boltz, Esq., from Durham, NC were re-elected to the Board of…
Bobby Wilbert | April 18, 2018
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
This case involves whether or not debtor's counsel in Chapter 13 bankruptcy proceedings in this District will be reimbursed money advanced to their debtor clients…
Krista D'Amelio | April 13, 2018
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 part of Congress, regulatory agencies and interest groups/think tanks.
Bobby Wilbert | April 10, 2018
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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Bobby Wilbert | April 10, 2018
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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Bobby Wilbert | April 9, 2018
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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Bobby Wilbert | April 9, 2018
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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Bobby Wilbert | April 8, 2018
“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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Bobby Wilbert | March 23, 2018
Debtors who “Surrendered” Condominium in Chapter 7 did Not Discharge Post-Petition Condo Assessments where Title was Never Transferred
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Bobby Wilbert | March 23, 2018
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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Krista D'Amelio | March 19, 2018
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 […]
Krista D'Amelio | March 16, 2018
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 […]
Bobby Wilbert | March 16, 2018
Confirmation of Chapter 13 Plan was Not an Adjudication of Debt Buyer’s Claims on the Merits
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Bobby Wilbert | March 14, 2018
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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Krista D'Amelio | March 14, 2018
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 […]
Bobby Wilbert | March 8, 2018
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 […]
Bobby Wilbert | March 1, 2018
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 […]
Bobby Wilbert | February 27, 2018
Tuition Debt was Not Dischargeable, Notwithstanding the Lack of a Formal Exchange of Money
Krista D'Amelio | February 26, 2018
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 […]
Krista D'Amelio | February 23, 2018
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 […]
Bobby Wilbert | February 22, 2018
Debtor’s Obligation to Pay his Children’s College Expenses Qualified as a DSO and Were Non-Dischargeable
Bobby Wilbert | February 21, 2018
Chapter 13 Debtor Could Not Defer Surrender of her Home Until her Son Graduated High School
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Bobby Wilbert | February 20, 2018
Chapter 13 Plan Confirmed Even Though Payments Did Not Include All of Debtors’ Disposable Income
Bobby Wilbert | February 19, 2018
Court Grants Discharge of 50-Year Old Debtor’s $230,000 in Student Loans where IBRP would Leave here Huge Tax Liability in her 70s and Wipe Out Her Assets
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Bobby Wilbert | February 5, 2018
Court Denied Creditor’s Dismiss Chapter 7 Case under §707(a) Since it was Not Bad Faith to File Case to Discharge One Substantial Debt
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Bobby Wilbert | February 2, 2018
Debtor’s Obligation Related to First-time Home-buyer Tax Credit was Dischargeable Debt
Krista D'Amelio | February 2, 2018
Washington Update- February 2, 2018
This is the latest update from Washington, designed to keep NACBA members informed about significant and relevant activity on the […]
Bobby Wilbert | February 2, 2018
Debtors who failed to substantiate Special Circumstances could Not Rebut the Presumption of Abuse under means test
Dan LaBert | January 31, 2018
NOTICE OF ELECTION OF DIRECTORS
In April 2018, three of the nine seats on the NACBA Board of Directors are to be filled by election […]
Bobby Wilbert | January 30, 2018
Attorney Could Not Cover Fees from Debtor under Quantum Meruit Theory where Attorney Violated Ethical Rules
Bobby Wilbert | January 26, 2018
Court Applied Chapter 11 Principle to Deny Chapter 13 Debtor a Second Chance to Cure Balloon Mortgage
Bobby Wilbert | January 25, 2018
Court denied Ocwen’s Motion to Dismiss Pro Se Chapter 13 Case for Unreasonable Delay and Cause pursuant to Section 1307(c)
Bobby Wilbert | January 24, 2018
Court Denied Debtor’s Motion to Reopen Case to Add Omitted Creditors since it would be Futile and a Waste of Judicial Resources
Bobby Wilbert | January 24, 2018
Debtor’s Product Liability Claim Arising out of Pre-petition Hip Replacement was Not Property of the Estate
Krista D'Amelio | January 19, 2018
Washington Update- January 19, 2018
This is the latest update from Washington, designed to keep NACBA members informed about significant and relevant activity on the […]
Bobby Wilbert | January 15, 2018
Court Approves $300 per Hour in Chapter 13 Case for Debtor’s Board Certified Attorneys
Bobby Wilbert | January 15, 2018
Since Debtors could Claim Certain Exemptions under the State Law of their Domicile, they Could Not use Federal Exemptions
Bobby Wilbert | January 12, 2018
Bank of America did Not violate Automatic Stay by Failing to Cause the Release of Debtor’s Funds held pursuant to Citation Lien
Bobby Wilbert | January 10, 2018
Court Finds that Late Filing of Tax Return does Not Automatically Bar a Debtor from Discharging a Taxes
Bobby Wilbert | January 5, 2018
Debtor’s Guaranty of Wife’s Business Debt was a Non-consumer Debt, so he was Not Subject to Abuse Test under § 707(b)(1)
Bobby Wilbert | January 2, 2018
Court Grants Stay Relief to Creditor that was Defrauded by Borrowers’ Agent in “Hijacking” Scheme
Bobby Wilbert | December 31, 2017
Court Allowed Debtors to Convert Case to Chapter 13 in order to Sell Their Home, Over Objections from the IRS and Trustee
Krista D'Amelio | December 29, 2017
Washington Update- December 29, 2017
This is the latest update from Washington, designed to keep NACBA members informed about significant and relevant activity on the […]
Bobby Wilbert | December 28, 2017
Educational Debt in Excess of §109(e) Debt Limit is Not Cause for Dismissal or Conversion of Chapter 13 Case
Bobby Wilbert | December 27, 2017
Debtors Could Exempt their Mobile Home in Massachusetts under a Florida Statute, which the Court found to be Extraterritorial
Bobby Wilbert | December 21, 2017
Minimum Percentage Paid to Unsecured Creditors is Not a Factor in Determining Reasonable of Chapter 13 Counsel’s Fees
Bobby Wilbert | December 20, 2017
Court finds No Private Right of Action Against Creditor that Files False Proof of Claim
Bobby Wilbert | December 19, 2017
Court Finds Creditor’s Objections to Chapter 13 Debtor’s Attorney’s Fees Meritless and Nearly Sanctionable
Bobby Wilbert | December 16, 2017
Debtor Could Not Avoid Involuntary Transfer Where Bank’s Execution Lien was Created and Satisfied more than 90 days Pre-petition
A. Debtor Cannot Assert An Avoidance Action Pursuant to Section 522(h) Pursuant to section 522(h), a debtor may seek to […]
Bobby Wilbert | December 13, 2017
District Court Affirms Finding of No Undue Hardship for Lawyer/Nurse over 60 Years of Age who Sought to Discharge Student Loans
Bobby Wilbert | December 19, 2017
Court Grants Leave to Amend Complaint Against Midland under FRBP 3001 which Failed to Detail Relief Requested
Bobby Wilbert | December 12, 2017
Court Maintains Perfect Record of Never Discharging Student Loans by Applying Undue Hardship Test Tougher than the Brunner test
Krista D'Amelio | December 4, 2017
Washington Update- December 4, 2017
This is the latest update from Washington, designed to keep NACBA members informed about significant and relevant activity on the […]
Bobby Wilbert | December 3, 2017
Court Would Not use §105 to Dismiss Chapter 7 after it Found that Dismissal Wasn’t Warranted under §707
Bobby Wilbert | December 2, 2017
Bankruptcy Court Could Not Use 11 USC §105 to Extend or Impose the Automatic Stay
Bobby Wilbert | November 30, 2017
While Debtor’s Obligation to Pay Creditor was Discharged in Bankruptcy, Arbitration Agreement with Creditor Survived
Allen v Equifax (WD Kentucky) [/member]
Bobby Wilbert | November 29, 2017
City Could Not Collect Post-Petition Traffic Fines as Administrative Expenses
Bobby Wilbert | November 26, 2017
The IRS’ Inability to Collect Tax by Levy Tolled the 3-Year Time Period to Determine Dischargeability under §507(a)(8)
Bobby Wilbert | November 26, 2017
Debtor’s Wedding Ring is “Necessary Wearing Apparel” and Fully Exempt Under State Statute
Bobby Wilbert | November 24, 2017
Creditor Could be Liable for Violating Discharge Injunction, Even if the Debt Does Not Exist
Bobby Wilbert | November 24, 2017
Debtor could Discharge Unlisted Debt and Recover Sanctions for Collection Agency’s Knowing Violation of Automatic Stay
Bobby Wilbert | November 21, 2017
First Circuit Upholds Bankruptcy Court’s Denial of Discharge of Debtor (who is also a Lawyer) Where she Failed to Disclose Lawsuits
Bobby Wilbert | November 19, 2017
Debtor Could Avoid Payment on Debt for Overpayment of Public Benefits Since it was Not in the Nature of Support for her Children
Bobby Wilbert | November 16, 2017
There is no “Ride-Through” on Mobile Home Debt; Debtor must Redeem the Property or Reaffirm the Debt in order to Retain it
Bobby Wilbert | November 10, 2017
Creditor’s Removal of Pre-petition State Court Case to Bankruptcy Court Violated the Automatic Stay
Bobby Wilbert | November 9, 2017
Debtor’s Age Discrimination Claim was Not Judicially Estopped by Failure to Disclose it in Bankruptcy Case
Krista D'Amelio | November 10, 2017
Washington Update- November 10, 2017
Happy Veterans Day to all those who have served and continue to serve our country. NACBA appreciates your service! This […]
Bobby Wilbert | November 7, 2017
Debtors Who Transferred Rental Property to their Daughter 4 Years Pre-petition Passed Marrama’s Good-Faith Test and Could Convert to Chapter 13
[nnmember]The issue before the court is whether debtors, who transferred a rental property to their daughter four and a half […]
Bobby Wilbert | November 6, 2017
Debtor and Creditor Could Not Agree to Except Debt from Discharge by using a Joint Stipulation
Bobby Wilbert | November 3, 2017
§349 Required that Funds held by Chapter 13 Trustee be Paid to the Debtor Upon Dismissal
Bobby Wilbert | November 1, 2017
Postpetition 401(k) Contributions are Allowable Deductions in Calculating Disposable Income for Chapter 13 Plan Purposes
Bobby Wilbert | October 30, 2017
Chapter 7 Debtor Who Failed to Disclose Employment Discrimination Claim Could Not Convert to Chapter 13
Bobby Wilbert | October 29, 2017
Bankruptcy Court Abstains from Deciding Whether Debtor’s Obligations to Ex-wife Were Domestic Support Obligations
Bobby Wilbert | October 26, 2017
Trustee’s Complaint for Fraudulent Transfer Against University for Tuition Paid by Debtors for Daughter Dismissed
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Krista D'Amelio | October 27, 2017
Washington Update- October 27, 2017
This is the latest update from Washington, designed to keep NACBA members informed about significant and relevant activity on the […]
Krista D'Amelio | October 25, 2017
Arbitration Repeal Passes Senate, 51-50
On October 24th during the late hours, a slim majority of Republicans in the Senate voted to pass Senate Joint […]
Bobby Wilbert | October 23, 2017
Chapter 13 Funds Held by Trustee Had to be Returned to Debtor, Notwithstanding Child Support Enforcement’s Demand for the Funds
Bobby Wilbert | October 23, 2017
Navient Loses Appeal of Bankruptcy Court’s Denial of its Motion to Compel Arbitration of Student Loan Dischargeability Issue
Dan LaBert | October 22, 2017
NACBA Announces Resignation of Jim Haller & Election of John Colwell as President
NACBA’s Board of Directors announces that NACBA President, James J. “Jim” Haller, has tendered his resignation, as a member of […]
Bobby Wilbert | October 22, 2017
It is Permissible for Trustee to Hire Herself as a Lawyer in a Chapter 7 Case
Dan LaBert | October 19, 2017
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 […]
Bobby Wilbert | October 18, 2017
Debtors Who Placed Extravagant Lifestyle Ahead of Paying Down Massive Tax Debt Were Not Entitled to Discharge Income Taxes
Bobby Wilbert | October 16, 2017
“Excusable Neglect” is Not a Basis for Leave to File an Untimely Proof of Claim in a Chapter 13 case
Bobby Wilbert | October 12, 2017
Chapter 13 Debtor Who Died During Case Cannot Convert to Chapter 7
Krista D'Amelio | October 13, 2017
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 […]
Bobby Wilbert | October 11, 2017
The Sheer Magnitude of Debtor’s Overstatement of Income on Application Supported Inference of Intent to Deceive Under 523(a)(2)
Bobby Wilbert | October 10, 2017
Court finds that Dividend to Creditors in Chapter 13 Case is Not a Significant Factor in Attorney Fee Analysis
Bobby Wilbert | October 7, 2017
Debtor Could Discharge Loan for Medical School that was Not an Educational Benefit under section 523(a)(8)
Bobby Wilbert | October 1, 2017
Party that did Not Participate in underlying Bankruptcy Had No Standing to Reopen the Case
Bobby Wilbert | September 29, 2017
Credit Union Could Not Bootstrap Terms into Reaffirmation Agreement through inconspicuous Additions to the Statutory Disclosures
Bobby Wilbert | September 29, 2017
Since Debtor’s Liability to IRS for Fraudulent Transfer was not a Tax, it was Not a Priority Debt
Krista D'Amelio | September 29, 2017
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 […]
Bobby Wilbert | September 27, 2017
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 […]
Krista D'Amelio | September 27, 2017
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) […]
Dan LaBert | September 27, 2017
NACBA Launches Circuit Communities
Designated Federal Circuit Communities For NACBA Membership It has been long talked about, the day has arrived. One of the […]
Bobby Wilbert | September 26, 2017
Debtor’s Pre-Petition Tuition Payments for Minor Child were Not Fraudulent Transfers
Bobby Wilbert | September 21, 2017
Creditor Failed to Prove Fraud by Debtor Who Negotiated a “Live Check” that Creditor Sent Him a Few Months Before He Filed Bankruptcy
Bobby Wilbert | September 21, 2017
The United States Could Not claim Sovereign Immunity in Debtors’ Adversary Proceeding to Retain their Tax Refund
Krista D'Amelio | September 15, 2017
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 […]
Bobby Wilbert | September 15, 2017
Casino failed to Show that Debtor’s Gambling Debt Arose as a Result of Willful and Malicious Conduct
Bobby Wilbert | September 14, 2017
Collection of Periodic Mortgage Payments Does Not Violate the Discharge Injunction
Bobby Wilbert | September 14, 2017
BAP says District’s Model Chapter 13 Plan did Not Exceed the Bankruptcy Court’s Rule-Making Authority
Bobby Wilbert | September 13, 2017
Debtor Who failed to Disclose $5,000 in Lockbox Received Discharge since UST Failed to Show Requisite Intent
Bobby Wilbert | September 11, 2017
Debtor’s Law Firm had to Disgorge Attorney’s Fees Where it Improperly “Unbundled” its Services, and Created Conflicts with Client
Bobby Wilbert | September 10, 2017
Debtor Failed Means Test Where he Could Not Justify Excess Rent Payment and Overstated his Truck Payment
Bobby Wilbert | September 8, 2017
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
Bobby Wilbert | September 1, 2017
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...
Krista D'Amelio | August 31, 2017
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 […]
Krista D'Amelio | September 1, 2017
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 […]
Bobby Wilbert | August 30, 2017
Debtor Who is Neither a U.S. Citizen nor a Permanent Resident May Claim Florida’s Homestead Exemption
Bobby Wilbert | August 28, 2017
Circuit Court: Disallowed Portion of State’s DSO Claim Not Subject to the Discharge Injunction
Bobby Wilbert | August 28, 2017
Chapter 13 Debtor May Modify Confirmed Plan to Surrender Collateral and Reclassify Claim as Unsecured
Bobby Wilbert | August 23, 2017
District Court: Bankruptcy Discharge did Not render Arbitration Agreement Unenforceable in FCRA Case
Bobby Wilbert | August 22, 2017
Unlisted Creditor Could File Complaint under §523(a)(3)(B) at Any Time, but Not a Complaint Under §727
Bobby Wilbert | August 18, 2017
Court Must Consider Totality of the Circumstances when Determining if Debtor Intended to Evade or Defeat Taxes
Krista D'Amelio | August 18, 2017
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 […]
Dan LaBert | August 14, 2017
Amazon Prime, eBay Passwords Sought from Bankruptcy Debtors
Bobby Wilbert | August 14, 2017
City Could Not Avoid Liability for Stay Violation by Invoking Sovereign Immunity Defense Based on State Law
Bobby Wilbert | August 11, 2017
Court Awarded No Damages to Debtor for Willful Stay Violation Since Debtor Failed to Mitigate Damages
Bobby Wilbert | August 10, 2017
Bankruptcy Court Reopens 1995 Case in order to Decide Pre-1998 Student Loan Discharge Case Under 7-Year Repayment Rule
Bobby Wilbert | August 9, 2017
Since Bank Canceled Debt by Issuing a 1099-C, it No Longer Had Mortgage on Debtors’ Home Under State Law
Bobby Wilbert | August 7, 2017
Funds Held by Chapter 13 Trustee in Dismissed Case Belong to Debtor, Not Creditors
Bobby Wilbert | August 5, 2017
Ex-Wife who Pursued Modification of Divorce Judgment Without First Getting Stay Relief Had to Pay Damages to Debtor
Robert Wilbert | August 4, 2017
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
Robert Wilbert | August 3, 2017
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
Krista D'Amelio | August 4, 2017
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 […]
Robert Wilbert | August 1, 2017
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
Robert Wilbert | July 31, 2017
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
Robert Wilbert | July 31, 2017
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.
Robert Wilbert | July 30, 2017
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
Robert Wilbert | July 30, 2017
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
Robert Wilbert | July 29, 2017
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
Robert Wilbert | July 28, 2017
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
Robert Wilbert | July 27, 2017
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
Robert Wilbert | July 28, 2017
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
Robert Wilbert | July 26, 2017
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
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
Robert Wilbert | July 25, 2017
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
Robert Wilbert | July 24, 2017
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
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,…
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
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
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…
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 […]
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
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 […]
Robert Wilbert | July 13, 2017
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
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…
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
Robert Wilbert | July 10, 2017
Equity Does Not Permit Court to Fix Congress’ Mistake Nearly 40 Years Ago Regarding Exemptability of Personal Injury Awards
Equity Does Not Permit Court to Fix Congress' Mistake Nearly 40 Years Ago Regarding Exemptability of Personal Injury Awards
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…
Robert Wilbert | July 9, 2017
Court Found Cause to Grant Ex-Wife Relief from the Stay in Order to Have a State Court Issue a QDRO
Court Found Cause to Grant Ex-Wife Relief from the Stay in Order to Have a State Court Issue a QDRO
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…
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
Robert Wilbert | July 6, 2017
Court Sanctions Debtor’s Counsel under Rule 9011 for Filing Stale, Incomplete Petition for an Improper Purpose
Court Sanctions Debtor's Counsel under Rule 9011 for Filing Stale, Incomplete Petition for an Improper Purpose
Robert Wilbert | July 6, 2017
Court Denied Stay Violation Claims Against Servicer Under §362(k) for Insufficient Service of Process and Lack of Evidence
Court Denied Stay Violation Claims Against Servicer Under §362(k) for Insufficient Service of Process and Lack of Evidence
Robert Wilbert | July 6, 2017
Trustee Could Not Reopen Chapter 7 Case to Administer Assets Which he Abandoned Over a Year Ago After He Was Unable to Sell Tem
Trustee Could Not Reopen Chapter 7 Case to Administer Assets Which he Abandoned Over a Year Ago After He Was Unable to Sell Tem
Robert Wilbert | July 5, 2017
District Court Rules that Plaintiff’s Prior Bankruptcy Does Not Preclude Products Liability Suit Involving Pelvic Mesh
District Court Rules that Plaintiff's Prior Bankruptcy Does Not Preclude Products Liability Suit Involving Pelvic Mesh
Robert Wilbert | July 4, 2017
Life Insurance Proceeds that Debtor Received More than 180 Days After Filing Chapter 13 Case were Property of the Estate
Life Insurance Proceeds that Debtor Received More than 180 Days After Filing Chapter 13 Case were Property of the Estate
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
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
Robert Wilbert | June 30, 2017
Chapter 13 Debtor Not Entitled to Discharge Where She Failed to Pay Mortgage Payments “Outside the Plan”
Chapter 13 Debtor Not Entitled to Discharge Where She Failed to Pay Mortgage Payments "Outside the Plan"
Robert Wilbert | June 29, 2017
District Court Affirmed Bad Faith Dismissal of Chapter 7 Petition Where Debtors had $800,000 in Assets and only $40,000 in Debt
District Court Affirmed Bad Faith Dismissal of Chapter 7 Petition Where Debtors had $800,000 in Assets and only $40,000 in Debt
Robert Wilbert | June 28, 2017
11th Circuit: Abuse Test under §707(b) Applies where Debtor Initially filed under Chapter 13 but later Converted to Chapter 7
11th Circuit: Abuse Test under §707(b) Applies where Debtor Initially filed under Chapter 13 but later Converted to Chapter 7
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
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
Robert Wilbert | June 27, 2017
Court Awards Attorney’s Fees and Damages under §105 as Necessary to Carry Out and Give Meaning to §1301’s Co-Debtor Stay
Court Awards Attorney's Fees and Damages under §105 as Necessary to Carry Out and Give Meaning to §1301's Co-Debtor Stay
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
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 […]
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
Robert Wilbert | June 25, 2017
Relatively Young, Healthy Recently-separated Single Parent with Part-Time Job Passed Brunner Test to Discharge Student Loans
Relatively Young, Healthy Recently-separated Single Parent with Part-Time Job Passed Brunner Test to Discharge Student Loans
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)
Robert Wilbert | June 23, 2017
Debt for Helicopter Medical Transport was Dischargeable Even Though Debtor Spent Insurance Benefits on Himself
Debt for Helicopter Medical Transport was Dischargeable Even Though Debtor Spent Insurance Benefits on Himself
Robert Wilbert | June 23, 2017
Debtor’s Anticipated Bonus from Employer that had Discretion on Whether to Award it was Not Property of the Bankruptcy Estate
Debtor's Anticipated Bonus from Employer that had Discretion on Whether to Award it was Not Property of the Bankruptcy Estate
Robert Wilbert | June 23, 2017
Debt Owed Pursuant to Divorce Settlement Agreement was Dischargeable in Chapter 13 since it was Not “In the Nature of Support”
Debt Owed Pursuant to Divorce Settlement Agreement was Dischargeable in Chapter 13 since it was Not "In the Nature of Support"
Robert Wilbert | June 21, 2017
Conversion from Chapter 13 to 7 Occurs Automatically Upon Filing a Notice or Motion, by Operation of Law
Conversion from Chapter 13 to 7 Occurs Automatically Upon Filing a Notice or Motion, by Operation of Law
Robert Wilbert | June 20, 2017
District Court Upholds Bankruptcy Court Determination that Lien Based on Unemployment Over-payment is a Judicial Lien, which Can be Avoided under § 522(f)
District Court Upholds Bankruptcy Court Determination that Lien Based on Unemployment Over-payment is a Judicial Lien, which Can be Avoided under § 522(f)
Robert Wilbert | June 19, 2017
Chapter 13 Debtors were Entitled to Discharge Even Though they Failed to Remain Current on Post-Petition Mortgage Payments
Chapter 13 Debtors were Entitled to Discharge Even Though they Failed to Remain Current on Post-Petition Mortgage Payments
Robert Wilbert | June 18, 2017
Where Creditor Released Garnishment within One Week of Learning of Bankruptcy, Debtor Did Not Have a Case Under §362(k) for Stay Violation
Where Creditor Released Garnishment within One Week of Learning of Bankruptcy, Debtor Did Not Have a Case Under §362(k) for Stay Violation
Robert Wilbert | June 17, 2017
Debtor who Failed to Disclose Material Information in his Schedules and Statements Did Not Meet Marrama’s “Lack of Bad Faith” Requirement to Convert to Chapter 13
Debtor who Failed to Disclose Material Information in his Schedules and Statements Did Not Meet Marrama's "Lack of Bad Faith" Requirement to Convert to Chapter…
Robert Wilbert | June 16, 2017
Debtor who Fails to Make Direct Payments to Secured Creditor under “Cure and Maintain” Plan is Not Entitled to a Discharge since they are “Payments Under the Plan”
Debtor who Fails to Make Direct Payments to Secured Creditor under "Cure and Maintain" Plan is Not Entitled to a Discharge since they are "Payments…
Robert Wilbert | June 16, 2017
Debtors Who Violated Court Order by Following Lawyer’s Advice Would Not Lose Discharge under §727
Debtors Who Violated Court Order by Following Lawyer's Advice Would Not Lose Discharge under §727
Robert Wilbert | June 15, 2017
Bankr WD Mo. Rejects 11th Circuit’s Meaning of “Surrender” in §521(a)(2) in Denying Wells Fargo’s Motion to Compel Debtor to Surrender Home
Bankr WD Mo. Rejects 11th Circuit's Meaning of "Surrender" in §521(a)(2) in Denying Wells Fargo's Motion to Compel Debtor to Surrender Home
Robert Wilbert | June 13, 2017
Chapter 7 Debtors had to Turnover Pre-petition Payments made for Daughter’s Ballet Courses, as well as Paid Time Off
Chapter 7 Debtors had to Turnover Pre-petition Payments made for Daughter's Ballet Courses, as well as Paid Time Off
Robert Wilbert | June 13, 2017
Judge McEwen Sanctions Green Tree under FRBP 9011 for Not Verifying Values of Collateral in Reaffirmation Agreements; Orders Servicer to Modify Training Manual
Judge McEwen Sanctions Green Tree under FRBP 9011 for Not Verifying Values of Collateral in Reaffirmation Agreements; Orders Servicer to Modify Training Manual
Robert Wilbert | June 11, 2017
Even if Debtor did Not Review Tax Returns that her Ex-Husband Filed, She Willfully Violated her Duty Under 11 USC 523 and Could Not Discharge Taxes
Even if Debtor did Not Review Tax Returns that her Ex-Husband Filed, She Willfully Violated her Duty Under 11 USC 523 and Could Not Discharge…
Robert Wilbert | June 10, 2017
The IRS did Not Violate the Discharge Injunction by Collecting a Tax Debt that was Not Discharged
The IRS did Not Violate the Discharge Injunction by Collecting a Tax Debt that was Not Discharged
Robert Wilbert | June 9, 2017
3rd Circuit: Bankruptcy Code Does Not Prohibit a Bankruptcy Court from issuing a Filing Injunction Against a Debtor who Requests Voluntary Dismissal under 11 U.S.C. § 1307(b)
3rd Circuit: Bankruptcy Code Does Not Prohibit a Bankruptcy Court from issuing a Filing Injunction Against a Debtor who Requests Voluntary Dismissal under 11 U.S.C.…
Robert Wilbert | June 8, 2017
Since Creditor’s Lien Could Not Impair Debtor’s Homestead Exemption, the Court Denied his Motion to Avoid Judicial Lien
Since Creditor's Lien Could Not Impair Debtor's Homestead Exemption, the Court Denied his Motion to Avoid Judicial Lien
Robert Wilbert | June 7, 2017
Violations of the Automatic Stay Are Substantive Bankruptcy Rights and Are Not Appropriate for Arbitration
Violations of the Automatic Stay Are Substantive Bankruptcy Rights and Are Not Appropriate for Arbitration
Robert Wilbert | June 6, 2017
Bankr SD Fla: Debtor May Claim Head of Family Exemption to Garnishment Notwithstanding her Failure to Claim Exemption in State Court Action
Bankr SD Fla: Debtor May Claim Head of Family Exemption to Garnishment Notwithstanding her Failure to Claim Exemption in State Court Action
Robert Wilbert | June 5, 2017
Bank Violated the Automatic Stay by Sending Statements to Debtors to Persuade them to Make Payments on Scheduled Debts
Bank Violated the Automatic Stay by Sending Statements to Debtors to Persuade them to Make Payments on Scheduled Debts
Robert Wilbert | June 5, 2017
Date of Filing, Not Date of Conversion, is used to Measure the 4-year Period for Discharge Eligibility when Converting from Chapter 13 to 7
Date of Filing, Not Date of Conversion, is used to Measure the 4-year Period for Discharge Eligibility when Converting from Chapter 13 to 7
Krista D'Amelio | June 5, 2017
Washington Update- June 5, 2017
This is the latest update from Washington, designed to keep NACBA members informed about significant and relevant activity on the […]
Robert Wilbert | June 4, 2017
Civil Judgment based on Child Pornography could be Discharged since Debtor Created Images for Use as an Expert Witness and Did Not Intend to Harm the Plaintiffs
Civil Judgment based on Child Pornography could be Discharged since Debtor Created Images for Use as an Expert Witness and Did Not Intend to Harm…
Robert Wilbert | June 1, 2017
9th Cir. BAP: Creditor’s Post-petition Reporting of Overdue Payments to Credit Reporting Agency is Not a Per Se Stay Violation
9th Cir. BAP: Creditor's Post-petition Reporting of Overdue Payments to Credit Reporting Agency is Not a Per Se Stay Violation
Robert Wilbert | June 1, 2017
BAP: Bankruptcy Court Erred when it Held that the Debt was an “Educational Benefit” and Declined to Rule on Dischargeability under § 523(a)(8)
BAP: Bankruptcy Court Erred when it Held that the Debt was an “Educational Benefit” and Declined to Rule on Dischargeability under § 523(a)(8)
Robert Wilbert | May 31, 2017
Court Finds M&T Bank in Contempt for Violating Discharge by Failing to Properly Credit Mortgage Payments Made under Confirmed Plan
Court Finds M&T Bank in Contempt for Violating Discharge by Failing to Properly Credit Mortgage Payments Made under Confirmed Plan
Robert Wilbert | May 31, 2017
Where Chapter 13 Debtors Plan Did Not Provide for Discharge of Priority Tax Claim, Due Process Prevented Debtors from Relying on Espinosa to Discharge the Claim
Where Chapter 13 Debtors Plan Did Not Provide for Discharge of Priority Tax Claim, Due Process Prevented Debtors from Relying on Espinosa to Discharge the…
Robert Wilbert | May 28, 2017
46-Year-Old Debtor Who Earned $111,000 Per Year Failed All 3 Prongs of Brunner Test, Even with Expenses Related to Disabled Spouse
46-Year-Old Debtor Who Earned $111,000 Per Year Failed All 3 Prongs of Brunner Test, Even with Expenses Related to Disabled Spouse
Robert Wilbert | May 28, 2017
47 -Year-Old Debtor Earning $63,000 Per Year who Contributed to Retirement Account Failed First Prong of Brunner Test and Could Not Discharge Student Loans
47 -Year-Old Debtor Earning $63,000 Per Year and Contributing to Retirement Account Failed First Prong of Brunner Test and Could Not Discharge Student Loans
Robert Wilbert | May 26, 2017
Judge Jaroslovsky: Debtors’ Attorneys Are Not Prohibited from Getting Fees When Chapter 13 Case is Dismissed Prior to Completion
Judge Jaroslovsky: Debtors' Attorneys Are Not Prohibited from Getting Fees When Chapter 13 Case is Dismissed Prior to Completion
Krista D'Amelio | May 25, 2017
NACBA’s Statement on the Reintroduction of The Fairness for Struggling Students Act
On Thursday, May 25, 2017, U.S. Senator Dick Durbin (D-IL) reintroduced legislation to help address America’s student debt crisis. The […]
Robert Wilbert | May 25, 2017
Court Finds that an 83% Increase in Post-Petition Income of Chapter 13 Debtor is a Substantial Change to Warrant Plan Modification
Court Finds that an 83% Increase in Post-Petition Income of Chapter 13 Debtor is a Substantial Change to Warrant Plan Modification
Robert Wilbert | May 24, 2017
Chapter 20 Debtor Could Not Strip Down Under-secured Priority Mortgage Lien on Investment Property
Chapter 20 Debtor Could Not Strip-Down Under-secured Priority Mortgage Lien on Investment Property
Robert Wilbert | May 23, 2017
Marrama Does Not Prevent Court from Converting Case to Chapter 13 Before Considering Merits of Bank’s Allegations of Bad Faith
Marrama Does Not Prevent Court from Converting Case to Chapter 13 Before Considering the Merits of Bank's Allegations of Bad Faith
Robert Wilbert | May 22, 2017
Ocwen and Bank of New York Mellon Sanctioned $44,000 for Violating Discharge Injunction by Sending Statements Demanding Post-Discharge Payments
Ocwen and Bank of New York Mellon Sanctioned $44,000 for Violating Discharge Injunction by Sending Statements Demanding Post-Discharge Payments
Robert Wilbert | May 21, 2017
Court finds Bayview Loan Servicing in Contempt for Sending Post-Discharge Statements which Included Both Payment Demands and Bankruptcy Disclaimer Language
Court finds Bayview Loan Servicing in Contempt for Sending Post-Discharge Statements which Included Both Payment Demands and Bankruptcy Disclaimer Language
Robert Wilbert | May 20, 2017
Above-Median Income Debtor Who Pays 100% of Unsecured Claims Without Interest Need Not Submit All Disposable Income to Chapter 13 Plan
Above-Median Income Debtor Who Pays 100% of Unsecured Claims Without Interest Need Not Submit All Disposable Income to Chapter 13 Plan
Robert Wilbert | May 20, 2017
Mortgage Holder Did Not Violate Discharge Injunction by Taking Reasonable Actions Necessary to Complete Foreclosure
Mortgage Holder Did Not Violate Discharge Injunction by Taking Reasonable Actions Necessary to Complete Foreclosure
Robert Wilbert | May 20, 2017
Creditor’s Attorney Sanctioned with Punitive Damages for Misleading the Court About her Knowledge of Debtor’s Bankruptcy Filing
Creditor's Attorney Sanctioned for Misleading the Court About her Knowledge of Debtor's Bankruptcy Filing
Robert Wilbert | May 17, 2017
Courts Must Independently Review Chapter 13 Debtors’ Budgets and Plans to Make Sure they are Repaying Creditors the Maximum Amount they Can Afford
Courts Must Independently Review Chapter 13 Debtors' Budgets and Plans to Make Sure they are Repaying Creditors the Maximum Amount they Can Afford
Robert Wilbert | May 17, 2017
Bank Sanctioned Under FRBP 3002.1 for Seeking to Recover Fees and Expenses Outside the 180-Day Period
Bank Sanctioned Under FRBP 3002.1 for Seeking to Recover Fees and Expenses Outside the 180-Day Period
Robert Wilbert | May 16, 2017
In Determining Whether Debts are Primarily Consumer or Business Debts for Means Test Purpose, the Terms “Debt” and “Claim” are Synonymous
In Determining Whether Debts are Primarily Consumer or Business Debts for Means Test Purpose, the Terms “Debt” and “Claim” are Synonymous
Krista D'Amelio | May 15, 2017
NACBA’s 25th Annual Convention Award Recipients
On May 7, 2017, NACBA wrapped up another successful convention. Each year, NACBA frequently recognizes the contributions of its members […]
Krista D'Amelio | May 15, 2017
Washington Update- May 15, 2017
This is the latest update from Washington, designed to keep NACBA members informed about significant and relevant activity on the […]
Robert Wilbert | May 14, 2017
District Court Affirms Ruling that Settlement Proceeds from Pelvic Mesh Injuries Were Acquired Post-Petition, and Not Property of the Estate, Since Debtor did Not Discover Product Defect Until After Filing Bankruptcy
District Court Affirms Ruling that Settlement Proceeds from Pelvic Mesh Injuries Were Acquired Post-Petition, and Not Property of the Estate, Since Debtor did Not Discover…
Robert Wilbert | May 11, 2017
Bankruptcy Court Refused to Compel Arbitration in “Educational Loan” Adversary Proceeding Since it would Conflict with the underlying Purposes of Section 523(a)(8)
Bankruptcy Court Refused to Compel Arbitration in "Educational Loan" Adversary Proceeding Since it would Conflict with the underlying Purposes of Section 523(a)(8)
Robert Wilbert | May 11, 2017
3rd Circuit: Debtors Tax Returns Filed After IRS’ Assessment of Liability Were Not “Returns” for Purposes of Determining Dischargeability
3rd Circuit: Debtors Tax Returns Filed After IRS' Assessment of Liability Were Not "Returns" for Purposes of Determining Dischargeability
Robert Wilbert | May 10, 2017
Debtors Were Entitled to Discharge after Completing Plan Payments, Even Though they Violated Terms of the Plan and the Confirmation Order
Debtors Were Entitled to Discharge after Completing Plan Payments, Even Though they Violated Terms of the Plan and the Confirmation Order
Robert Wilbert | May 9, 2017
Court Rejects Debtors’ Motion to Approve Agreement to Reaffirm Mortgage Note Where Schedules Showed Negative Monthly Income
Court Rejects Debtors' Motion to Approve Agreement to Reaffirm Mortgage Note Where Schedules Showed Negative Monthly Income
Robert Wilbert | May 8, 2017
Government’s “Police Power” Exception to Automatic Stay Does Not Apply to Government’s Enforcement of a Money Judgment Against Debtor
Government's "Police Power" Exception to Automatic Stay Does Not Apply to Government's Enforcement of a Money Judgment Against Debtor
Robert Wilbert | May 8, 2017
Florida Court Finds Debtor’s Continued Fighting of Foreclosure Action Violated Confirmed Plan and Orders her to “Keep Promise” and Surrender Home
Florida Court Finds Debtor's Continued Fighting of Foreclosure Action Violated Confirmed Plan and Orders her to "Keep Promise" and Surrender Home
Robert Wilbert | May 10, 2017
Chapter 13 Debtors had to Turn Over Exempt Tax Refunds (Earned Income and Additional Child Tax Credits) to the Trustee and Could Not Modify Plan to Retain Them
Chapter 13 Debtors had to Turn Over Exempt Tax Refunds (Earned Income and Additional Child Tax Credits) to the Trustee and Could Not Modify Plan…
Krista D'Amelio | May 5, 2017
NACBA Applauds Bipartisan Effort to Discharge Excessive Student Loan Debt
Washington, May 5, 2017—The National Association of Consumer Bankruptcy Attorneys (NACBA), the only organization dedicated to protecting and enhancing the […]
Robert Wilbert | May 2, 2017
Social Security Income Need Not Considered when Calculating Disposable Income for Chapter 13 Plan
Social Security income Need Not Considered when Calculating Disposable Income for Chapter 13 Plan
Robert Wilbert | May 2, 2017
Court Dismissed Chapter 13 Case where Debtors Offered No Explanations for Failing to Amend Schedules or Make Payments, and Took “Cavalier” Attitude Toward Bankruptcy
Court Dismissed Chapter 13 Case where Debtors Offered No Explanations for Failing to Amend Schedules or Make Payments, and Took "Cavalier" Attitude Toward Bankruptcy
Robert Wilbert | April 30, 2017
State Court Judgment Against Debtor for Filming Adoptive Daughter in Various Stage of Undress was Entitled to Preclusive Effect in Willful and Malicious Injury Dischargeability Action
State Court Judgment Against Debtor for Filming Adoptive Daughter in Various Stage of Undress was Entitled to Preclusive Effect in Willful and Malicious Injury Dischargeability…
Robert Wilbert | April 30, 2017
3rd Circuit: N.J. Township’s Post-petition Motions to Continue Foreclosure Sale Did Not Violate Automatic Stay
3rd Circuit: N.J. Township's Post-petition Motions to Continue Foreclosure Sale Did Not Violate Automatic Stay
Robert Wilbert | April 29, 2017
Court Rejected Ditech’s Defense to Discharge Violation in Which It Claimed Computer Generated Statements Sent to Debtor Were Not Willful
Court Rejected Ditech's Defense to Discharge Violation in Which Ditech Claimed Computer Generated Statements Sent to Debtor Were Not Willful
Robert Wilbert | April 29, 2017
Chapter 13 Debtor has Absolute Right to Dismiss Case at “Any Time” Even Where Creditors Allege Bad Faith
Chapter 13 Debtor has Absolute Right to Dismiss Case at "Any Time" Even Where Creditors Allege Bad Faith
Robert Wilbert | April 26, 2017
State Unemployment Agency Violated Discharge Injunction by Garnishing Debtor’s Wages After it had Notice of Bankruptcy Case, but Failed to Object to Discharge
State Unemployment Agency Violated Discharge Injunction by Garnishing Debtor's Wages After it had Notice of Bankruptcy Case, but Failed to Object to Discharge
Dan LaBert | April 24, 2017
NACBA Awards Henry J. Sommer Scholarship to Nate Juster of Atlanta Legal Aid
Each year, one bankruptcy attorney who demonstrates outstanding contributions in his or her community is granted a scholarship from National […]
Robert Wilbert | April 23, 2017
11th Circuit Gives Debtor Another Chance to Prove She Met All Three Prongs of Brunner Test to Discharge Student Loans
11th Circuit Gives Debtor Another Chance to Prove She Met All Three Prongs of Brunner Test to Discharge Student Loans
Krista D'Amelio | April 21, 2017
Washington Update – April 21, 2017
This is the latest update from Washington, designed to keep NACBA members informed about significant and relevant activity on the […]
Robert Wilbert | April 23, 2017
Court Dismisses Chapter 13 Case Sua Sponte based on Debtor’s Lack of Good Faith Related to his Pre-petition Conduct Regarding his Divorce Case
Court Dismisses Chapter 13 Case Sua Sponte based on Debtor's Lack of Good Faith Related to his Pre-petition Conduct Regarding his Divorce Case
Robert Wilbert | April 18, 2017
In Rem Claim that Survived Chapter 7 Discharge Must be Paid as Allowed Unsecured Claim in Subsequent Chapter 13 Case
In Rem Claim that Survived Chapter 7 Discharge Must be Paid as Allowed Unsecured Claim in Subsequent Chapter 13 Case
Robert Wilbert | April 14, 2017
Attorney’s Failure to Conduct Reasonable Investigation of Debtor’s Income & Expenses Led to Dismissal of Case & Sanctions against Lawyer
Attorney's Failure to Conduct Reasonable Investigation of Debtor's Income and Expenses Led to Dismissal of Case and Sanctions against Lawyer
Robert Wilbert | April 13, 2017
Court Sanctions Debtor’s Lawyer for Failing to Disclose Fees by Requiring him to Disgorge One-Half of Fees
Robert Wilbert | April 11, 2017
Debtor Established Valid Defense of Laches Against Creditor’s Motion to Dismiss under § 707(a)
Robert Wilbert | April 10, 2017
Debtor’s Prepetition ParentsPlus Loans for his Children to Attend Penn State were Not Fraudulent Transfers that Trustee Could Avoid
Debtor's Prepetition ParentsPlus Loans for his Children to Attend Penn State were Not Fraudulent Transfers that Trustee Could Avoid
Robert Wilbert | April 9, 2017
9th Circuit’s Conflict-of-Laws and Choice-of-Law Analyses Bring Bank’s Claim against Debtors Back to Life
9th Circuit's Conflict-of-Laws and Choice-of-Law Analyses Bring Bank's Claim against Debtors Back to Life
Robert Wilbert | April 5, 2017
Public Defender who was Employed and Eligible for Public Service Loan Forgiveness Failed the Brunner Test to Discharge Student Loans
Public Defender who was Employed and Eligible for Public Service Loan Forgiveness Failed the Brunner Test to Discharge Student Loans
Robert Wilbert | April 5, 2017
IRS’ Right to Setoff Tax Refund Trumped Debtor’s Right to Exempt the Refund
Robert Wilbert | April 3, 2017
Chapter 13 Debtor Could Eliminate Lien on Vehicle Even where Loan had Co-signer
Chapter 13 Debtor Could Eliminate Lien on Vehicle Even where Debt had Co-signer
Robert Wilbert | March 30, 2017
Creditor’s Accurate Post-Petition, Pre-Discharge Report to Credit Reporting Agency of Outstanding Balance did Not Violate Stay
Creditor's Accurate Post-Petition, Pre-Discharge Report to Credit Reporting Agency of Outstanding Balance did Not Violate Stay
Robert Wilbert | March 29, 2017
Nationstar’s “Soft Pulls” of Discharged Debtor’s Credit Reports did Not Violate FCRA where Servicer had Legitimate Need to Pull Report
Nationstar's "Soft Pulls" of Discharged Debtor's Credit Reports did Not Violate FCRA where Servicer had Legitimate Need to Pull Report
Robert Wilbert | March 28, 2017
When Trustee Abandoned Debtor’s Home, he also Abandoned the Proceeds from Post-Petition Foreclosure Sale of Debtor’s Home
When Trustee Abandoned Debtor's Home, he also Abandoned the Proceeds from Post-Petition Foreclosure Sale of Debtor's Home
Robert Wilbert | March 27, 2017
Court Denied Creditor’s Request to Construe Motion for Relief from Stay as an “Informal” Claim in order to allow it to file Untimely Dischargeability Complaint
Court Would Not Construe Motion for Relief from Stay as an "Informal" Claim in order to allow Creditor to file Untimely Dischargeability Complaint
Robert Wilbert | March 26, 2017
Chapter 13 Debtor’s Complaint Stated a Claim that Bank was Bound by Confirmed Plan
Chapter 13 Debtor's Complaint Stated a Claim that Bank was Bound by Confirmed Plan
Robert Wilbert | March 24, 2017
Flagstar’s Dual Tracking of Chapter 13 Debtor Violated the Automatic Stay and RESPA; Disclaimer did Not Save Servicer
Flagstar's Dual Tracking of Chapter 13 Debtor Violated the Automatic Stay and RESPA; Disclaimer did Not Save Servicer
Robert Wilbert | March 23, 2017
Chapter 13 Debtor who Owed over $7,000 in Parking Tickets Could Not force Chicago to Release Impounded Car
City of Chicago did Not Violate Automatic Stay by Refusing to Release Debtor's Car where Debtor Owed over $7,000.00 in Parking Tickets
Robert Wilbert | March 21, 2017
Court Denied Debtor’s HIPAA and Negligence Action Against Hospital which filed Claim with his Personal Information
Court Denied Debtor's HIPAA and Negligence Action Against Hospital which filed Claim with his Personal Information
Robert Wilbert | March 19, 2017
Experian Prevails in FCRA Case where Plaintiff Failed to Introduce Evidence of Actual Damages
Experian Prevails in FCRA Case where Plaintiff Failed to Introduce Evidence of Actual Damages
Robert Wilbert | March 19, 2017
Court Avoided Debtor’s Fraudulent Transfer of Valuable Land for No Real Consideration within 4 Years of Petition date
Court Avoided Debtor's Fraudulent Transfer of Valuable Land for No Real Consideration within 4 Years of Petition date
Robert Wilbert | March 16, 2017
Wells Fargo’s Sale of Marital Home a Day After Wife filed Chapter 13 did Not Violate Stay since she had “No Protecable Interest” in Home
Wells Fargo's Sale of Marital Home one Day After Wife filed Chapter 13 case did Not Violate Stay since she had "No Protecable Interest" in…
Robert Wilbert | March 15, 2017
Court Revoked Discharge of Chapter 7 Debtors who Refused to Turnover Tax Refund to Trustee
Court Revoked Discharge of Chapter 7 Debtors who refused to Turnover Tax Refund to Trustee
Robert Wilbert | March 13, 2017
5th Circuit: Creditor’s Garnishment of Wages during 90-day Preference Period is Avoidable Even if Garnishment was Served Prior to that Period.
5th Circuit: Creditor's Garnishment of Wages during 90-day Preference Period is Avoidable Even if Garnishment was Served Prior to that Period.
Robert Wilbert | March 11, 2017
Court could Grant Chapter 13 Debtor Derivative Standing to Pursue Preferential Avoidance Action that would Benefit Estate where Trustee is Unwilling to Pursue Claim
Court could Grant Chapter 13 Debtor Derivative Standing to Pursue Preferential Avoidance Action that would Benefit Estate where Trustee is Unwilling to Pursue Claim
Robert Wilbert | March 12, 2017
Incarcerated Debtor who Lacked Regular Stable and Regular Income was Not Eligible to file Chapter 13 under §109(e)
Incarcerated Debtor who Lacked Regular Stable and Regular Income was Not Eligible to file Chapter 13 under §109(e)
Robert Wilbert | March 10, 2017
Debtors get Damages for Emotional Distress but not Punitive Damages in Discharge Violation Case
Court awarded Debtors Damages for Emotional Distress but Denied Punitive Damages where Defendant had "Grossly Inadequate Office Procedures" to prevent Violation of Discharge Injunction
Robert Wilbert | March 9, 2017
Chapter 13 Debtor Loses Challenge to 22.5% Collection Costs for Student Loans as Court gives Deference to USDOE Regulations
Kansas Bankruptcy Judge Gives Deference to Department of Education's Regulations on Collection Costs in Claim
Robert Wilbert | March 9, 2017
Court Dismissed Student Loan Debtors’ Class Action since Notes Contained Arbitration Clause and Class Action Waiver
Court Dismissed Student Loan Debtors' Class Action since Note Contained Arbitration Clause and Class Action Waiver
Robert Wilbert | March 8, 2017
District Court: Chapter 13 Debtors had Absolute Right to Dismiss Case, even thought they Concealed the Sale of their Homestead for 3 Years
District Court: Chapter 13 Debtors had Absolute Right to Dismiss Case, even thought they Concealed the Sale of their Homestead for 3 Years.
Robert Wilbert | March 4, 2017
Transunion’s Failure to Mention that “Charged off” Debt was subject to Bankruptcy proceedings could make Credit Report Misleading or Inaccurate
On November 17, 2014, Plaintiff's daughter, Kathryn R. Wylie, filed for Chapter 13 bankruptcy. Sometime that same month, FNB "furnished information to the Defendant that…
Robert Wilbert | March 4, 2017
Chapter 13 Debtor Beats Trustee’s Demand for her Earned Income and Child Tax Credits
A low-income Debtor filed a Chapter 13 plan which did not commit future tax refunds to the plan. The trustee objected since the plan did not require Debtor to pay what the trustee called her tax “refund” as an additional…
Dan LaBert | February 2, 2017
Welcome NACBA President Jim Haller
Together with my colleagues on the NACBA Board of Directors, I wish you a very happy, healthy and prosperous 2017!
Dan LaBert | December 27, 2016
Washington Update IX
This is the latest update from Washington, designed to keep NACBA members informed about significant and relevant activity on the part of Congress, regulatory agencies and interest groups/think tanks.
Dan LaBert | December 5, 2016
Washington Update VIII
This is the latest issue of our weekly update from Washington, designed to keep NACBA members informed about significant and […]
Dan LaBert | November 6, 2016
Washington Update VII
This is the latest issue of our weekly update from Washington, designed to keep NACBA members informed about significant and […]
Dan LaBert | October 28, 2016
Washington Update VI
This is the latest issue of our weekly update from Washington, designed to keep NACBA members informed about significant and […]
Dan LaBert | October 17, 2016
Washington Update V
Issue five of our weekly update from Washington, designed to keep NACBA members informed about any significant and relevant activity […]
Dan LaBert | October 10, 2016
Washington Update IV
Issue four of our weekly update from Washington, designed to keep NACBA members informed about any significant and relevant activity […]
Dan LaBert | October 4, 2016
Hurricane Matthew Forces Cancellation of NACBA Workshop
It is with great regret to inform you that due to Hurricane Matthew and the current weather forecast issued for […]
Dan LaBert | October 2, 2016
Washington Update III
Issue three of our weekly update, designed to keep NACBA members abreast of any significant and relevant activity on the […]
Dan LaBert | September 26, 2016
Washington Update II
Issue two of our weekly update, designed to keep NACBA members abreast of any significant and relevant activity on the […]
Dan LaBert | September 15, 2016
Washington Update I
This is the inaugural issue of what will be a weekly blog from our nation’s capital, updating NACBA members on […]
Dan LaBert | May 12, 2016
NACBA Introduces 24th Annual Convention Platinum Sponsor
Break free from expensive, mismatched programs that force you to enter the same information again and again. Enter data once, […]
Dan LaBert | April 20, 2016
NACBA Honored with Abila AUDC 2016 Constituent Connection Award
(WASHINGTON DC) The National Association of Consumer Bankruptcy Attorneys (NACBA) was recently honored with the “Abila AUDC 2016 Constituent Connection […]
Dan LaBert | April 14, 2016
NACBA Awards the 2016 Henry J. Sommer Scholarship
The National Association of Consumer Bankruptcy Attorneys is pleased to announce that the coveted Henry J. Sommer Scholarship for the […]
Dan LaBert | March 9, 2016
NACBA & NCLC Laud CFPB for Stopping Illegal Practices by Student Loan Servicers & U.S. Dept. of Education Debt Collectors
(BOSTON) Advocates at the National Consumer Law Center (NCLC) and the National Association of Consumer Bankruptcy Attorneys (NACBA) applauded the […]
Dan LaBert | February 24, 2016
Best Selling Author Added to 2016 #NACBASF Convention Speaker Lineup
The National Association of Consumer Bankruptcy Attorneys is excited to announce that Nomi Prins, renowned journalist, author and speaker will […]
Dan LaBert | February 17, 2016
Famed Democratic Political Consultant is a Keynote Speaker at 2016 NACBASF Convention
The National Association of Consumer Bankruptcy Attorneys is excited to announce that Bob Shrum, famed democratic political consultant, will be […]
Dan LaBert | January 10, 2016
President Obama Signs NACBA Supported Legislation of National Guard & Reservist Debt Relief Extension
[WASHINGTON, DC] – President Obama signed into law Congressman Steve Cohen’s (TN-09) bipartisan National Guard and Reservists Debt Relief Extension […]
Dan LaBert | November 23, 2015
Heldt et al. v. Payday Financial et. Al Case No. 3:13-cv-3023-RAL
The Honorable Roberto Lange United States District Judge United States Post Office & Courthouse 25 South Pierre Street Pierre, SD 57501 […]
Dan LaBert | November 23, 2015
New NACBA State Chair Announced For North Carolina
Charlotte Attorney Kenneth Love Tackles New Role Leading Education Program for National Association of Consumer Bankruptcy Attorneys The National Association of […]
Dan LaBert | November 4, 2015
NACBA Partners with Google Maps
The National Association of Consumer Bankruptcy Attorneys has teamed up with Google Maps to create the NACBA Navigator. (also known […]
Dan LaBert | October 14, 2015
Bankruptcy Filers Beware: Con-Artists Posing As Attorneys
Telephone-Scam Soliciting Wire Transfers Prompts NACBA and Vermont Attorney General to Issue Consumer Warning Across the country, consumers are falling […]
Dan LaBert | August 18, 2015
Department of Education Fails To Respond To White House Call For Student Debt Relief In “Undue Hardship” Bankruptcy Cases
WASHINGTON, D.C. – July 13, 2015 – The National Association of Consumer Bankruptcy Attorneys (NACBA) and National Consumer Law Center, Inc. […]
Dan LaBert | August 18, 2015
New NACBA State Chair Announced for Central California
The National Association of Consumer Bankruptcy Attorneys (NACBA) announced that California attorney Jenny L. Doling of the Law Offices of Jenny […]
Dan LaBert | August 18, 2015
New NACBA State Chair Announced For Iowa
Des Moines Attorney Nancy L. Thompson Tackles New Role Leading Education Program for National Association of Consumer Bankruptcy Attorneys. The […]
Dan LaBert | August 18, 2015
New NACBA State Chair Announced For Georgia
Atlanta Attorney Alex Dolhancyk Tackles New Role Leading Education Program for National Association of Consumer Bankruptcy Attorney. The National Association […]
Dan LaBert | August 18, 2015
New NACBA State Chair Announced for Eastern Pennsylvania
Philadelphia Attorney Stephen Dunne Tackles New Role Leading Education Program for National Association of Consumer Bankruptcy Attorneys The National Association […]
Dan LaBert | August 18, 2015
NACBA Elects Board Member from Atlanta GA
Past President of Metro Atlanta Consumer Bankruptcy Attorneys Group Carol A. Colliersmith to Serve on National Association of Consumer Bankruptcy Attorneys […]
Dan LaBert | August 18, 2015
2015 NACBA Member Award Winners
Distinguished Service Award In recognition of and appreciation for an individual member’s extraordinary contribution and many years of invaluable service […]
Dan LaBert | August 18, 2015
Bad Paper Author Jake Halpern Named Keynote Speaker at 2015 #NACBACHI
Bad Paper Author Jake Halpern Named Keynote Speaker at 2015 #NACBACHI WASHINGTON DC — The National Association of Consumer Bankruptcy Attorneys […]
Dan LaBert | August 18, 2015