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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)
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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
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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 13
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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 Under the Plan”
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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
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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
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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 Taxes
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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. § 1307(b)
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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
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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
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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 […]
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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 the Plaintiffs
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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)
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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
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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 Claim
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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
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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
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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 […]
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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
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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
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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
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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
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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
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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
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NACBA EVENTS
An integral part of NACBA’s mission is enhancing the ability of its members to represent their clients effectively by holding […]
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