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NACBA NEWS

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 […]

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District Court Finds that Bankruptcy Court Misapplied Law Regarding Tenancy by the Entireties, Remands Case for Factual Findings

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Debtors Who Placed Extravagant Lifestyle Ahead of Paying Down Massive Tax Debt Were Not Entitled to Discharge Income Taxes

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“Excusable Neglect” is Not a Basis for Leave to File an Untimely Proof of Claim in a Chapter 13 case

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Court Denied Servicer’s Request to Reopen Chapter 13 Case in order to Correct Scrivener’s Error in Response to Trustee’s Notice of Final Cure Payment Pursuant to F.R.B.P. 3002.1

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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 […]

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§523(a)(9) Exception to Discharge for Damage Caused by Drunk Driving Does Not Apply to Debtor Who Allowed Another Person to Driver her Car

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Chapter 13 Debtor Who Died During Case Cannot Convert to Chapter 7

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Debtor Loses Argument that “Current Monthly Income” for the Means Test Includes Gross Income Received 60 Days Before Filing Date

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The Sheer Magnitude of Debtor’s Overstatement of Income on Application Supported Inference of Intent to Deceive Under 523(a)(2)

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Court finds that Dividend to Creditors in Chapter 13 Case is Not a Significant Factor in Attorney Fee Analysis

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66 year-old Debtor who had Sufficient Assets and Income, the Ability to Reduce Expenses and the Chance to Apply for Income Contingent Repayment Plan, Could Not Discharge Student Loans

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Recoupment permits Social Security Administration to Recover its Debt for Prepetition Sick Leave from Debtor’s Postpetition Sick Leave Without Violating Discharge Injunction

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Dist. Ct.: 63-Year-Old Suspended Lawyer Could Not Discharge $500,000 in Student Loans Where he Made No Good Faith Effort to Pay them for 31 years

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Debtor Could Discharge Loan for Medical School that was Not an Educational Benefit under section 523(a)(8)

   

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Debtor in Her Fifties who Never Searched for Jobs Unrelated to her Master’s Degree, and who Never Applied for Income Based Repayment Plans, Failed All 3 Prongs of Brunner Student Loan Dischargeability Test

 

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National Law Firm Ordered to Refund Attorneys’ Fees to Prospective Debtors, Where Local Counsel Drafted a Petition but Never Filed it and Ignored the Debtors

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Disallowance of the Post-petition Attorney Fees under FRBP 3002.1 did Not Modify Servicer’s Rights in violation of § 1322(b)(2)

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Party that did Not Participate in underlying Bankruptcy Had No Standing to Reopen the Case

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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 […]

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Credit Union Could Not Bootstrap Terms into Reaffirmation Agreement through inconspicuous Additions to the Statutory Disclosures

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Since Debtor’s Liability to IRS for Fraudulent Transfer was not a Tax, it was Not a Priority Debt

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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) […]

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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 […]

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NACBA Launches Circuit Communities

Designated Federal Circuit Communities For NACBA Membership It has been long talked about, the day has arrived. One of the […]

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Debtor’s Pre-Petition Tuition Payments for Minor Child were Not Fraudulent Transfers

 

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District Court Finds that Income-Based Repayment Plans would Thwart Debtors’ Fresh Start in Affirming Partial Discharge of Student Loans

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Creditor Failed to Prove Fraud by Debtor Who Negotiated a “Live Check” that Creditor Sent Him a Few Months Before He Filed Bankruptcy

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The United States Could Not claim Sovereign Immunity in Debtors’ Adversary Proceeding to Retain their Tax Refund

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11th Cir: When Applying Doctrine of Judicial Estoppel, Courts Must Consider All the Facts in Determining Whether Debtor was Making a Mockery of the System by Failing to Disclose Civil Claim in her Bankruptcy

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Notwithstanding Trustee and Creditor Objections, Court Granted Chapter 13 Debtor’s Motion to Direct Where Funds Held by Trustee Go When She Voluntarily Dismissed Confirmed Case

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Casino failed to Show that Debtor’s Gambling Debt Arose as a Result of Willful and Malicious Conduct

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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 […]

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Collection of Periodic Mortgage Payments Does Not Violate the Discharge Injunction

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BAP says District’s Model Chapter 13 Plan did Not Exceed the Bankruptcy Court’s Rule-Making Authority

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Debtor Who failed to Disclose $5,000 in Lockbox Received Discharge since UST Failed to Show Requisite Intent

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Debtor’s Concerns about her future Income and the Distribution of her Non-exempt Assets in chapter 7 proceeding were Not Special Circumstances within the meaning of § 707(b)(2)(B)

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Chapter 13 Debtors Could Modify their Plan in order to Defer Payment of Arrears Beyond Initial Plan Term Since it was Within 60-month Period Mandated by Section 1329

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Debtor’s Law Firm had to Disgorge Attorney’s Fees Where it Improperly “Unbundled” its Services, and Created Conflicts with Client

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Debtor Failed Means Test Where he Could Not Justify Excess Rent Payment and Overstated his Truck Payment

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