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NACBA Urges U.S. Department of Education to Assess & Approve Undue Hardship in Student Loan Bankruptcy Discharge

For Immediate Release Washington, D.C.     The National Association of Consumer Bankruptcy Attorneys (NACBA) submitted comments to the U.S. Department of […]

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Same-Sex Couple with Certificate of Civil Union Can File Joint Bankruptcy Petition

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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

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Don’t File Bankruptcy Without An Attorney: Pro Se, No Way!

(Washington, D.C.) The National Association of Consumer Bankruptcy Attorneys (NACBA) urges you to say “Pro Se, No Way!” “Pro se” […]

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NACBA Board Announcement

(Washington, D.C.) The National Association of Consumer Bankruptcy Attorneys (NACBA) is announcing the latest election results for the Board of […]

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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

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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 […]

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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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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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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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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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A Liquidated, Noncontingent Claim is considered a Secured Claim in Debtors’ chapter 13 case for purposes of § 109(e), even if the Collateral for Claim is Not Property of Debtors’ Bankruptcy Estate.

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“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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Ocwen Sanctioned $5,875.00 representing Debtors’ Reasonable Attorney Fees and Expenses Incurred in 210-day effort to get Ocwen to Clarify the Escrow Shortage in Proof of Claim

       

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Debtors who “Surrendered” Condominium in Chapter 7 did Not Discharge Post-Petition Condo Assessments where Title was Never Transferred

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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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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 […]

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Confirmation of Chapter 13 Plan was Not an Adjudication of Debt Buyer’s Claims on the Merits

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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 […]

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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 […]

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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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Creditor’s Motion to Reopen and Compel Surrender of Home Denied Where No Relief was Justified (since Husband had Died and Wife Not on Note)

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Court Reopened Chapter 7 Case in Order to Compel Debtors to Surrender Home, and to Order Debtors to Stop Fighting Foreclosure Action

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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 […]

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District Court Reverses Bankruptcy Court’s Decision to Deny Attorney’s Fee Application Where Debtor Intended to Convert to Chapter 7

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11 USC 521(e) allows the Debtor to Avoid Dismissal of Case if the Failure to Provide Required Tax Return is Attributable to Circumstances Beyond her Control

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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 […]

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Court Dismissed Trustee’s A.P. for Fraudulent Transfer Against University Since Proceeds of Parent PLUS Loans were Not Property of the Debtor that was Available for the Benefit of Creditors

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Debtor’s Claim Against Johnson & Johnson for Defecitve Transvaginal Mesh Claim Not “Sufficiently Rooted” in her Pre-bankruptcy past to be brought into the Estate

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Tuition Debt was Not Dischargeable, Notwithstanding the Lack of a Formal Exchange of Money

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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 […]

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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 […]

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Debtor’s Obligation to Pay his Children’s College Expenses Qualified as a DSO and Were Non-Dischargeable

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Chapter 13 Debtor Could Not Defer Surrender of her Home Until her Son Graduated High School

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Chapter 13 Plan Confirmed Even Though Payments Did Not Include All of Debtors’ Disposable Income

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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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A Party Does Not Have Standing to Appeal Bankruptcy Court Order simply because it has been Allowed to Appear in Bankruptcy Proceedings

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Debtors who Claim Excessive or Ambiguous Exemptions should Not be able to Confirm Chapter 13 Plan Without Providing 100% Payment to Unsecured Creditors

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Condo Ass’n was Bound by Terms of Confirmed Chapter 13 which Not Only Surrendered the Condo, but also Vested Title to Condo in Lender

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Debtor Awarded $5,000 for each Day he was Incarcerated Where Ex-Wife Proceeded with Post-petition Civil Contempt Action in Family Law Action

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