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Debt Owed Pursuant to Divorce Settlement Agreement was Dischargeable in Chapter 13 since it was Not “In the Nature of Support”

Debt Owed Pursuant to Divorce Settlement Agreement was Dischargeable in Chapter 13 since it was Not “In the Nature of Support”

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Conversion from Chapter 13 to 7 Occurs Automatically Upon Filing a Notice or Motion, by Operation of Law

Conversion from Chapter 13 to 7 Occurs Automatically Upon Filing a Notice or Motion, by Operation of Law

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District Court Upholds Bankruptcy Court Determination that Lien Based on Unemployment Over-payment is a Judicial Lien, which Can be Avoided under § 522(f)

District Court Upholds Bankruptcy Court Determination that Lien Based on Unemployment Over-payment is a Judicial Lien, which Can be Avoided under § 522(f)

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Chapter 13 Debtors were Entitled to Discharge Even Though they Failed to Remain Current on Post-Petition Mortgage Payments

Chapter 13 Debtors were Entitled to Discharge Even Though they Failed to Remain Current on Post-Petition Mortgage Payments

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Where Creditor Released Garnishment within One Week of Learning of Bankruptcy, Debtor Did Not Have a Case Under §362(k) for Stay Violation

Where Creditor Released Garnishment within One Week of Learning of Bankruptcy, Debtor Did Not Have a Case Under §362(k) for Stay Violation

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Debtor who Failed to Disclose Material Information in his Schedules and Statements Did Not Meet Marrama’s “Lack of Bad Faith” Requirement to Convert to Chapter 13

Debtor who Failed to Disclose Material Information in his Schedules and Statements Did Not Meet Marrama’s “Lack of Bad Faith” Requirement to Convert to Chapter 13

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Debtor who Fails to Make Direct Payments to Secured Creditor under “Cure and Maintain” Plan is Not Entitled to a Discharge since they are “Payments Under the Plan”

Debtor who Fails to Make Direct Payments to Secured Creditor under “Cure and Maintain” Plan is Not Entitled to a Discharge since they are “Payments Under the Plan”

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Debtors Who Violated Court Order by Following Lawyer’s Advice Would Not Lose Discharge under §727

Debtors Who Violated Court Order by Following Lawyer’s Advice Would Not Lose Discharge under §727

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Bankr WD Mo. Rejects 11th Circuit’s Meaning of “Surrender” in §521(a)(2) in Denying Wells Fargo’s Motion to Compel Debtor to Surrender Home

Bankr WD Mo. Rejects 11th Circuit’s Meaning of “Surrender” in §521(a)(2) in Denying Wells Fargo’s Motion to Compel Debtor to Surrender Home

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Chapter 7 Debtors had to Turnover Pre-petition Payments made for Daughter’s Ballet Courses, as well as Paid Time Off

Chapter 7 Debtors had to Turnover Pre-petition Payments made for Daughter’s Ballet Courses, as well as Paid Time Off

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Judge McEwen Sanctions Green Tree under FRBP 9011 for Not Verifying Values of Collateral in Reaffirmation Agreements; Orders Servicer to Modify Training Manual

Judge McEwen Sanctions Green Tree under FRBP 9011 for Not Verifying Values of Collateral in Reaffirmation Agreements; Orders Servicer to Modify Training Manual

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Even if Debtor did Not Review Tax Returns that her Ex-Husband Filed, She Willfully Violated her Duty Under 11 USC 523 and Could Not Discharge Taxes

Even if Debtor did Not Review Tax Returns that her Ex-Husband Filed, She Willfully Violated her Duty Under 11 USC 523 and Could Not Discharge Taxes

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The IRS did Not Violate the Discharge Injunction by Collecting a Tax Debt that was Not Discharged

The IRS did Not Violate the Discharge Injunction by Collecting a Tax Debt that was Not Discharged

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3rd Circuit: Bankruptcy Code Does Not Prohibit a Bankruptcy Court from issuing a Filing Injunction Against a Debtor who Requests Voluntary Dismissal under 11 U.S.C. § 1307(b)

3rd Circuit: Bankruptcy Code Does Not Prohibit a Bankruptcy Court from issuing a Filing Injunction Against a Debtor who Requests Voluntary Dismissal under 11 U.S.C. § 1307(b)

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Since Creditor’s Lien Could Not Impair Debtor’s Homestead Exemption, the Court Denied his Motion to Avoid Judicial Lien

Since Creditor’s Lien Could Not Impair Debtor’s Homestead Exemption, the Court Denied his Motion to Avoid Judicial Lien

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Violations of the Automatic Stay Are Substantive Bankruptcy Rights and Are Not Appropriate for Arbitration

Violations of the Automatic Stay Are Substantive Bankruptcy Rights and Are Not Appropriate for Arbitration

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Bankr SD Fla: Debtor May Claim Head of Family Exemption to Garnishment Notwithstanding her Failure to Claim Exemption in State Court Action

Bankr SD Fla: Debtor May Claim Head of Family Exemption to Garnishment Notwithstanding her Failure to Claim Exemption in State Court Action

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Bank Violated the Automatic Stay by Sending Statements to Debtors to Persuade them to Make Payments on Scheduled Debts

Bank Violated the Automatic Stay by Sending Statements to Debtors to Persuade them to Make Payments on Scheduled Debts

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Date of Filing, Not Date of Conversion, is used to Measure the 4-year Period for Discharge Eligibility when Converting from Chapter 13 to 7

Date of Filing, Not Date of Conversion, is used to Measure the 4-year Period for Discharge Eligibility when Converting from Chapter 13 to 7

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Washington Update- June 5, 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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Civil Judgment based on Child Pornography could be Discharged since Debtor Created Images for Use as an Expert Witness and Did Not Intend to Harm the Plaintiffs

Civil Judgment based on Child Pornography could be Discharged since Debtor Created Images for Use as an Expert Witness and Did Not Intend to Harm the Plaintiffs

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9th Cir. BAP: Creditor’s Post-petition Reporting of Overdue Payments to Credit Reporting Agency is Not a Per Se Stay Violation

9th Cir. BAP: Creditor’s Post-petition Reporting of Overdue Payments to Credit Reporting Agency is Not a Per Se Stay Violation

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BAP: Bankruptcy Court Erred when it Held that the Debt was an “Educational Benefit” and Declined to Rule on Dischargeability under § 523(a)(8)

BAP: Bankruptcy Court Erred when it Held that the Debt was an “Educational Benefit” and Declined to Rule on Dischargeability under § 523(a)(8)

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Court Finds M&T Bank in Contempt for Violating Discharge by Failing to Properly Credit Mortgage Payments Made under Confirmed Plan

Court Finds M&T Bank in Contempt for Violating Discharge by Failing to Properly Credit Mortgage Payments Made under Confirmed Plan

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Where Chapter 13 Debtors Plan Did Not Provide for Discharge of Priority Tax Claim, Due Process Prevented Debtors from Relying on Espinosa to Discharge the Claim

Where Chapter 13 Debtors Plan Did Not Provide for Discharge of Priority Tax Claim, Due Process Prevented Debtors from Relying on Espinosa to Discharge the Claim

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46-Year-Old Debtor Who Earned $111,000 Per Year Failed All 3 Prongs of Brunner Test, Even with Expenses Related to Disabled Spouse

46-Year-Old Debtor Who Earned $111,000 Per Year Failed All 3 Prongs of Brunner Test, Even with Expenses Related to Disabled Spouse

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47 -Year-Old Debtor Earning $63,000 Per Year who Contributed to Retirement Account Failed First Prong of Brunner Test and Could Not Discharge Student Loans

47 -Year-Old Debtor Earning $63,000 Per Year and Contributing to Retirement Account Failed First Prong of Brunner Test and Could Not Discharge Student Loans

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Judge Jaroslovsky: Debtors’ Attorneys Are Not Prohibited from Getting Fees When Chapter 13 Case is Dismissed Prior to Completion

Judge Jaroslovsky: Debtors’ Attorneys Are Not Prohibited from Getting Fees When Chapter 13 Case is Dismissed Prior to Completion

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NACBA’s Statement on the Reintroduction of The Fairness for Struggling Students Act

On Thursday, May 25, 2017, U.S. Senator Dick Durbin (D-IL) reintroduced legislation to help address America’s student debt crisis. The […]

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Court Finds that an 83% Increase in Post-Petition Income of Chapter 13 Debtor is a Substantial Change to Warrant Plan Modification

Court Finds that an 83% Increase in Post-Petition Income of Chapter 13 Debtor is a Substantial Change to Warrant Plan Modification

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Chapter 20 Debtor Could Not Strip Down Under-secured Priority Mortgage Lien on Investment Property

Chapter 20 Debtor Could Not Strip-Down Under-secured Priority Mortgage Lien on Investment Property

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Marrama Does Not Prevent Court from Converting Case to Chapter 13 Before Considering Merits of Bank’s Allegations of Bad Faith

Marrama Does Not Prevent Court from Converting Case to Chapter 13 Before Considering the Merits of Bank’s Allegations of Bad Faith

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Ocwen and Bank of New York Mellon Sanctioned $44,000 for Violating Discharge Injunction by Sending Statements Demanding Post-Discharge Payments

Ocwen and Bank of New York Mellon Sanctioned $44,000 for Violating Discharge Injunction by Sending Statements Demanding Post-Discharge Payments

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Court finds Bayview Loan Servicing in Contempt for Sending Post-Discharge Statements which Included Both Payment Demands and Bankruptcy Disclaimer Language

Court finds Bayview Loan Servicing in Contempt for Sending Post-Discharge Statements which Included Both Payment Demands and Bankruptcy Disclaimer Language

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Above-Median Income Debtor Who Pays 100% of Unsecured Claims Without Interest Need Not Submit All Disposable Income to Chapter 13 Plan

Above-Median Income Debtor Who Pays 100% of Unsecured Claims Without Interest Need Not Submit All Disposable Income to Chapter 13 Plan

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Mortgage Holder Did Not Violate Discharge Injunction by Taking Reasonable Actions Necessary to Complete Foreclosure

Mortgage Holder Did Not Violate Discharge Injunction by Taking Reasonable Actions Necessary to Complete Foreclosure

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Creditor’s Attorney Sanctioned with Punitive Damages for Misleading the Court About her Knowledge of Debtor’s Bankruptcy Filing

Creditor’s Attorney Sanctioned for Misleading the Court About her Knowledge of Debtor’s Bankruptcy Filing

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Courts Must Independently Review Chapter 13 Debtors’ Budgets and Plans to Make Sure they are Repaying Creditors the Maximum Amount they Can Afford

Courts Must Independently Review Chapter 13 Debtors’ Budgets and Plans to Make Sure they are Repaying Creditors the Maximum Amount they Can Afford

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Bank Sanctioned Under FRBP 3002.1 for Seeking to Recover Fees and Expenses Outside the 180-Day Period

Bank Sanctioned Under FRBP 3002.1 for Seeking to Recover Fees and Expenses Outside the 180-Day Period

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In Determining Whether Debts are Primarily Consumer or Business Debts for Means Test Purpose, the Terms “Debt” and “Claim” are Synonymous

In Determining Whether Debts are Primarily Consumer or Business Debts for Means Test Purpose, the Terms “Debt” and “Claim” are Synonymous

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