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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 […]

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BAP Affirms Bankruptcy Court’s Denial of Student Loan Discharge for Single Mother on Food Stamps and Medicaid Where her Income Based Payment Would be $0

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District Court Affirms Finding of No Undue Hardship for 44-Year Old Lawyer/Nurse who Sought to Discharge Student Loans

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Court Maintains Perfect Record of Never Discharging Student Loans by Applying Undue Hardship Test Tougher than the Brunner test

 

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Bank is not entitled to the Fees at issue under the terms of the Mortgage since it did Not give Actual Notice of Post-Petition Fees to Chapter 13 Debtors

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11th Cir: §362(k)(1) Authorizes Debtors’ Attorneys’ Fees in Ending a Willful Violation of Stay, Prosecuting a Damages Violation, and Defending Appeal of those Issues

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Discharged Debtor’s Claims of Invasion of Privacy/Violation of FCRA Survived Banks’ Motion to Dismiss Where he Alleged Banks had No Legitimate Reason to Pull his Credit Reports

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Debtors whose Financial Situation Improved Substantially after their case was Appealed and Remanded, and who did Not live a “Spartan” Lifestyle, Failed the Brunner “Undue Hardship” Test

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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 […]

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Debtor Could Reopen Chapter 13 to Avoid Judgment Lien which Creditor Attempted to Renew in State Court, but Could Not Recover Sanctions

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Court Would Not use §105 to Dismiss Chapter 7 after it Found that Dismissal Wasn’t Warranted under §707

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Bankruptcy Court Could Not Use 11 USC §105 to Extend or Impose the Automatic Stay

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While Debtor’s Obligation to Pay Creditor was Discharged in Bankruptcy, Arbitration Agreement with Creditor Survived

Allen v Equifax (WD Kentucky) [/member]

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City Could Not Collect Post-Petition Traffic Fines as Administrative Expenses

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Debtor Failed the 8th Circuit’s Totality of the Circumstances Undue Hardship Test to Discharge her Student Loans where she Failed to Make Good Faith Efforts to Maximize her Income

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Debtor who Made Mistakes based upon his Attorney’s Failure to Properly Advise him in Preparing Schedules Prevailed in Denial of Discharge Complaint Action

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The IRS’ Inability to Collect Tax by Levy Tolled the 3-Year Time Period to Determine Dischargeability under §507(a)(8)

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Debtor’s Wedding Ring is “Necessary Wearing Apparel” and Fully Exempt Under State Statute

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Creditor Could be Liable for Violating Discharge Injunction, Even if the Debt Does Not Exist

 

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Debtor could Discharge Unlisted Debt and Recover Sanctions for Collection Agency’s Knowing Violation of Automatic Stay

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Despite “Poor Performance,” Court Awards Debtors’ Counsel $70,000 in Fees in case where Debtors were Awarded $45 million in Punitive Damages against Bank of America

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Chapter 13 Plan Confirmed Where Debtor’s Ex-Spouse/Roommate’s Contribution to Household Expenses Substantially Increased Dividend to Unsecured Creditors

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First Circuit Upholds Bankruptcy Court’s Denial of Discharge of Debtor (who is also a Lawyer) Where she Failed to Disclose Lawsuits

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Debtor Could Avoid Payment on Debt for Overpayment of Public Benefits Since it was Not in the Nature of Support for her Children

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There is no “Ride-Through” on Mobile Home Debt; Debtor must Redeem the Property or Reaffirm the Debt in order to Retain it

   

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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 […]

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Creditor’s Removal of Pre-petition State Court Case to Bankruptcy Court Violated the Automatic Stay

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Debtor’s Age Discrimination Claim was Not Judicially Estopped by Failure to Disclose it in Bankruptcy Case

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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 […]

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Debtor and Creditor Could Not Agree to Except Debt from Discharge by using a Joint Stipulation

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§349 Required that Funds held by Chapter 13 Trustee be Paid to the Debtor Upon Dismissal

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Chapter 13 Debtors’ Plan Could Discriminate in Favor of Student Loans Since they had Reasonable Bases for the Proposed Discrimination

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Postpetition 401(k) Contributions are Allowable Deductions in Calculating Disposable Income for Chapter 13 Plan Purposes

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Chapter 7 Debtor Who Failed to Disclose Employment Discrimination Claim Could Not Convert to Chapter 13

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Bankruptcy Court Abstains from Deciding Whether Debtor’s Obligations to Ex-wife Were Domestic Support Obligations

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Court Would Not Use Its “Power to Prevent Injustice” to Force Nationstar to Honor Modification Letter that Chapter 13 Debtors Never Received

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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 […]

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Trustee’s Complaint for Fraudulent Transfer Against University for Tuition Paid by Debtors for Daughter Dismissed

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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 […]

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Chapter 13 Funds Held by Trustee Had to be Returned to Debtor, Notwithstanding Child Support Enforcement’s Demand for the Funds

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