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State Unemployment Agency Violated Discharge Injunction by Garnishing Debtor’s Wages After it had Notice of Bankruptcy Case, but Failed to Object to Discharge

State Unemployment Agency Violated Discharge Injunction by Garnishing Debtor’s Wages After it had Notice of Bankruptcy Case, but Failed to Object to Discharge

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NACBA Awards Henry J. Sommer Scholarship to Nate Juster of Atlanta Legal Aid

Each year, one bankruptcy attorney who demonstrates outstanding contributions in his or her community is granted a scholarship from National […]

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11th Circuit Gives Debtor Another Chance to Prove She Met All Three Prongs of Brunner Test to Discharge Student Loans

11th Circuit Gives Debtor Another Chance to Prove She Met All Three Prongs of Brunner Test to Discharge Student Loans

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Court Dismisses Chapter 13 Case Sua Sponte based on Debtor’s Lack of Good Faith Related to his Pre-petition Conduct Regarding his Divorce Case

Court Dismisses Chapter 13 Case Sua Sponte based on Debtor’s Lack of Good Faith Related to his Pre-petition Conduct Regarding his Divorce Case

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Washington Update – April 21, 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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In Rem Claim that Survived Chapter 7 Discharge Must be Paid as Allowed Unsecured Claim in Subsequent Chapter 13 Case

In Rem Claim that Survived Chapter 7 Discharge Must be Paid as Allowed Unsecured Claim in Subsequent Chapter 13 Case

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Attorney’s Failure to Conduct Reasonable Investigation of Debtor’s Income & Expenses Led to Dismissal of Case & Sanctions against Lawyer

Attorney’s Failure to Conduct Reasonable Investigation of Debtor’s Income and Expenses Led to Dismissal of Case and Sanctions against Lawyer

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Court Sanctions Debtor’s Lawyer for Failing to Disclose Fees by Requiring him to Disgorge One-Half of Fees

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Debtor Established Valid Defense of Laches Against Creditor’s Motion to Dismiss under § 707(a)

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Debtor’s Prepetition ParentsPlus Loans for his Children to Attend Penn State were Not Fraudulent Transfers that Trustee Could Avoid

Debtor’s Prepetition ParentsPlus Loans for his Children to Attend Penn State were Not Fraudulent Transfers that Trustee Could Avoid

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9th Circuit’s Conflict-of-Laws and Choice-of-Law Analyses Bring Bank’s Claim against Debtors Back to Life

9th Circuit’s Conflict-of-Laws and Choice-of-Law Analyses Bring Bank’s Claim against Debtors Back to Life

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Public Defender who was Employed and Eligible for Public Service Loan Forgiveness Failed the Brunner Test to Discharge Student Loans

Public Defender who was Employed and Eligible for Public Service Loan Forgiveness Failed the Brunner Test to Discharge Student Loans

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IRS’ Right to Setoff Tax Refund Trumped Debtor’s Right to Exempt the Refund

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Chapter 13 Debtor Could Eliminate Lien on Vehicle Even where Loan had Co-signer

Chapter 13 Debtor Could Eliminate Lien on Vehicle Even where Debt had Co-signer

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Creditor’s Accurate Post-Petition, Pre-Discharge Report to Credit Reporting Agency of Outstanding Balance did Not Violate Stay

Creditor’s Accurate Post-Petition, Pre-Discharge Report to Credit Reporting Agency of Outstanding Balance did Not Violate Stay

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Nationstar’s “Soft Pulls” of Discharged Debtor’s Credit Reports did Not Violate FCRA where Servicer had Legitimate Need to Pull Report

Nationstar’s “Soft Pulls” of Discharged Debtor’s Credit Reports did Not Violate FCRA where Servicer had Legitimate Need to Pull Report

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When Trustee Abandoned Debtor’s Home, he also Abandoned the Proceeds from Post-Petition Foreclosure Sale of Debtor’s Home

When Trustee Abandoned Debtor’s Home, he also Abandoned the Proceeds from Post-Petition Foreclosure Sale of Debtor’s Home

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Court Denied Creditor’s Request to Construe Motion for Relief from Stay as an “Informal” Claim in order to allow it to file Untimely Dischargeability Complaint

Court Would Not Construe Motion for Relief from Stay as an “Informal” Claim in order to allow Creditor to file Untimely Dischargeability Complaint

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Chapter 13 Debtor’s Complaint Stated a Claim that Bank was Bound by Confirmed Plan

Chapter 13 Debtor’s Complaint Stated a Claim that Bank was Bound by Confirmed Plan

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Flagstar’s Dual Tracking of Chapter 13 Debtor Violated the Automatic Stay and RESPA; Disclaimer did Not Save Servicer

Flagstar’s Dual Tracking of Chapter 13 Debtor Violated the Automatic Stay and RESPA; Disclaimer did Not Save Servicer

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Chapter 13 Debtor who Owed over $7,000 in Parking Tickets Could Not force Chicago to Release Impounded Car

City of Chicago did Not Violate Automatic Stay by Refusing to Release Debtor’s Car where Debtor Owed over $7,000.00 in Parking Tickets

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Court Denied Debtor’s HIPAA and Negligence Action Against Hospital which filed Claim with his Personal Information

Court Denied Debtor’s HIPAA and Negligence Action Against Hospital which filed Claim with his Personal Information

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Experian Prevails in FCRA Case where Plaintiff Failed to Introduce Evidence of Actual Damages

Experian Prevails in FCRA Case where Plaintiff Failed to Introduce Evidence of Actual Damages

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Court Avoided Debtor’s Fraudulent Transfer of Valuable Land for No Real Consideration within 4 Years of Petition date

Court Avoided Debtor’s Fraudulent Transfer of Valuable Land for No Real Consideration within 4 Years of Petition date

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Wells Fargo’s Sale of Marital Home a Day After Wife filed Chapter 13 did Not Violate Stay since she had “No Protecable Interest” in Home

Wells Fargo’s Sale of Marital Home one Day After Wife filed Chapter 13 case did Not Violate Stay since she had “No Protecable Interest” in the Home

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Court Revoked Discharge of Chapter 7 Debtors who Refused to Turnover Tax Refund to Trustee

Court Revoked Discharge of Chapter 7 Debtors who refused to Turnover Tax Refund to Trustee

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5th Circuit: Creditor’s Garnishment of Wages during 90-day Preference Period is Avoidable Even if Garnishment was Served Prior to that Period.

5th Circuit: Creditor’s Garnishment of Wages during 90-day Preference Period is Avoidable Even if Garnishment was Served Prior to that Period.

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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)

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Court could Grant Chapter 13 Debtor Derivative Standing to Pursue Preferential Avoidance Action that would Benefit Estate where Trustee is Unwilling to Pursue Claim

Court could Grant Chapter 13 Debtor Derivative Standing to Pursue Preferential Avoidance Action that would Benefit Estate where Trustee is Unwilling to Pursue Claim

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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

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Chapter 13 Debtor Loses Challenge to 22.5% Collection Costs for Student Loans as Court gives Deference to USDOE Regulations

Kansas Bankruptcy Judge Gives Deference to Department of Education’s Regulations on Collection Costs in Claim

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Court Dismissed Student Loan Debtors’ Class Action since Notes Contained Arbitration Clause and Class Action Waiver

Court Dismissed Student Loan Debtors’ Class Action since Note Contained Arbitration Clause and Class Action Waiver

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District Court: Chapter 13 Debtors had Absolute Right to Dismiss Case, even thought they Concealed the Sale of their Homestead for 3 Years

District Court: Chapter 13 Debtors had Absolute Right to Dismiss Case, even thought they Concealed the Sale of their Homestead for 3 Years.

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Transunion’s Failure to Mention that “Charged off” Debt was subject to Bankruptcy proceedings could make Credit Report Misleading or Inaccurate

On November 17, 2014, Plaintiff’s daughter, Kathryn R. Wylie, filed for Chapter 13 bankruptcy. Sometime that same month, FNB “furnished information to the Defendant that an account beginning with the Account # 4256045XXXX as [sic] delinquent, bad debt, placed for collection, charged off account and suspended.”

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Chapter 13 Debtor Beats Trustee’s Demand for her Earned Income and Child Tax Credits

A low-income Debtor filed a Chapter 13 plan which did not commit future tax refunds to the plan. The trustee objected since the plan did not require Debtor to pay what the trustee called her tax “refund” as an additional plan payment each year.

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Welcome NACBA President Jim Haller

Together with my colleagues on the NACBA Board of Directors, I wish you a very happy, healthy and prosperous 2017!

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Washington Update IX

This is the latest update from Washington, designed to keep NACBA members informed about significant and relevant activity on the part of Congress, regulatory agencies and interest groups/think tanks.

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Washington Update VIII

This is the latest issue of our weekly update from Washington, designed to keep NACBA members informed about significant and […]

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Washington Update VII

This is the latest issue of our weekly update from Washington, designed to keep NACBA members informed about significant and […]

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Washington Update VI

This is the latest issue of our weekly update from Washington, designed to keep NACBA members informed about significant and […]

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