Everyone is invited to attend a NACBA webinar next week hosted daily by different NACBA Circuit Leaders. They will be presenting the most recent caselaw in your circuit and after their presentation we will open up the floor for discussion.
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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. Mr. Kelly successfully argued this case on behalf of the Debtor. The Debtor agreed to pay Mr. Kelly $4,500.00 for representation in a chapter 13 bankruptcy. The Debtor filed a chapter 13 bankruptcy and the attorney’s fees were provided to be paid in the chapter 13 plan. The Debtor had above median income and therefore was required to complete and submit Official Form 122C-2 listing his allowable expenses and calculating his projected disposable income (“PDI”).
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 obviously spot highlights and low lights and, importantly, use that perspective in shaping the path forward.
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 petition date. Wilson v. Rigby, No. 17-35716, 2018 U.S. App. LEXIS 33234 (9th Cir. Nov. 27, 2018). The panel distinguished this case from other Ninth Circuit homestead exemptions which allow a debtor to amend a homestead exemption to capture a post-petition increase in 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 petition date. Wilson v. Rigby, No. 17-35716, 2018 U.S. App. LEXIS 33234 (9th Cir. Nov. 27, 2018). The panel distinguished this case from other Ninth Circuit homestead exemptions which allow a debtor to amend a homestead exemption to capture a post-petition increase in value.
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 […]
Trustee plead Plausible Cause of Action to Avoid Tuition Payments Paid for Adult Child’s Tuition as Constructively Fraudulent Transfers
Trustee plead Plausible Cause of Action to Avoid Tuition Payments Paid for Adult Child’s College Tuition as Constructively Fraudulent Transfers; […]
NACBA Communities Instructions
NACBA offers members access to a series of community groups located on a new online platform called NACBA Connect that focus […]
Bankruptcy Judge Finds State Law , Not SCOTUS ruling in Clark v Rameker, Applicable in Allowing Debtor to Exempt Inherited IRA
Bankruptcy Judge Finds State Law , Not SCOTUS ruling in Clark v Rameker, Applicable in Allowing Debtor to Exempt Inherited IRA
Education Secretary DeVos has Appealed Judge Frank’s Decision Discharging a Relatively Young Single Parent’s Student Loans
Education Secretary DeVos has Appealed Judge Frank’s Decision Discharging a Relatively Young Single Parent’s Student Loans
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)
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
Webinars
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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