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Title:NACBA - National Association of Consumer Bankruptcy Attorneys
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LATEST NEWS
Jim Haller | January 4, 2019
Ninth Circuit panel affirms that a Chapter 7 Debtor is not allowed to amend homestead exemption to protect post-petition increase in home value.
In a 2-1 decision, the panel held that the debtor鈥檚 exemption is limited to the specific amount of equity in the home as of the petition date. Wilson v. Rigby, No. 17-35716, 2018 U.S. App. LEXIS 33234 (9th Cir. Nov. 27, 2018). The panel distinguished this case from other Ninth Circuit homestead exemptions which allow a debtor to amend a homestead exemption to capture a post-petition increase in value.In a 2-1 decision, the panel held that the debtor鈥檚 exemption is limited to the specific amount of equity in the home as of the petition date.聽聽Wilson v. Rigby, No. 17-35716, 2018 U.S. App. LEXIS 33234 (9th Cir. Nov. 27, 2018). The panel distinguished this case from other Ninth Circuit homestead exemptions which allow a debtor to amend a homestead exemption to capture a post-petition increase in value.
READ MORE
Krista D'Amelio | September 26, 2018
NACBA/NCLC Testify Before House Judiciary Subcommittee
WASHINGTON, D.C. On Wednesday, September 26, 2018 NACBA Legislative Committee Member, John Rao, testified before the House Judiciary Subcommittee on [ hellip;]
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Krista D'Amelio | September 4, 2018
Washington Update- September 4, 2018
This is the latest update from Washington, designed to keep NACBA members informed about significant and relevant activity on the [ hellip;]
READ MORE
Bobby Wilbert | August 10, 2018
Funds Debtor was Awarded from Ex-Husband #8217;s Retirement Account Could Not be Exempted as Alimony
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Bobby Wilbert | August 6, 2018
Law Firm did Not Willfully Violate Automatic Stay, even though its Actions caused Debtor to Spend time in Jail
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Bobby Wilbert | July 30, 2018
Debtor with $0 Monthly Student Loan Payment under Income-Based Repayment Plan Survives ECMC #8217;s Motion for Summary Judgment in Student-Loan Discharge Case
Chapter 7 debtor, seeks to discharge her student loans despite enrolling in an income-based repayment plan ( #8220;IBR Plan #8221;) that reduced her monthly payments to $0. The Educational Credit Management Corp. ( #8220;ECMC #8221;)鈥攁 seasoned veteran of this line of litigation鈥攕ays this should stop her at the summary-judgment stage.
READ MORE
Bobby Wilbert | July 27, 2018
Chapter 13 Plan Which Excluded Social Security Income from Funding was Proposed in Good Faith
The Debtors proposed a Chapter 13 plan that excluded their Social Security income from the funding of the plan. The Chapter 13 Trustee objected, arguing that the plan was not proposed in good faith because of the exclusion of such income.
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Bobby Wilbert | July 13, 2018
Court Grants Chapter 13 Debtors #8217; Motion to Incur Student Loan Debt for Daughter
Chapter 13 debtors moved the court for authority to borrow money, specifically to incur student loan debt on behalf of their daughter. The Trustee Objected to the motion.
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Bobby Wilbert | July 9, 2018
63-Year-Old Debtor with $0 Monthly Payment under IBR Could Not Discharge Student Loans, Notwithstanding Tax Consequences of the Repayment Program
Debtor attended several colleges starting in 1972.聽She took out student loans in pursuit of her undergraduate degree; those loans were discharged when she filed for bankruptcy in 1984.
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Bobby Wilbert | July 5, 2018
After Debtors Voluntarily Dismissed Chapter 13 Case, Court Approved Attorney #8217;s Fee Application as Administrative Expense to be Paid from Funds Held by Chapter 13 Trustee
Seeking relief from mounting business debts, the Debtors retained Attorney Parker to file a joint Chapter 13 bankruptcy. After Debtors voluntarily dismissed their case鈥攁nd three days before filing Chapter 7 on their behalf-Attorney Parker submitted an application for pre-confirmation attorney fees. The Chapter 7 Trustee and a creditor object.
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Bobby Wilbert | July 3, 2018
NFL Player #8217;s Concussion Injury Litigation Settlement Qualified as a Disability Policy and was therefore Exempt under 11 U.S.C. 搂 522(d)(10)(C)
THIS CASE came before the Court for a hearing on April 4, 2018, upon Trustee #8217;s Objection to Claim of Exemption in National Football League Player #8217;s Concussion Injury Litigation Settlement (the #8220;Disputed Exemption #8221;).
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Bobby Wilbert | July 2, 2018
Debtor Could Not Reaffirm Lease on Automobile Since 搂524 Does Not Apply to Leases
This matter comes on to be heard upon the Reaffirmation Agreement ( #8220;Reaffirmation Agreement #8221;) filed by American Honda Finance Corporation ( #8220;Honda #8221;) and the Debtor.
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Bobby Wilbert | July 1, 2018
Student Loan Discharged since ECMC Failed to Produce Evidence that a Loan or Signature ever Existed
The Debtor/Plaintiff聽 filed a chapter 7 petition and, shortly after, he filed this adversary proceeding seeking a determination of dischargeability under 11 U.S.C. 搂 523(a)(8). He then received a discharge.
READ MORE
Bobby Wilbert | June 30, 2018
Funds Paid by GAP Insurance Provider After Debtor Totaled Car Were Not Property of the Estate and Belonged to Creditor
This matter requires deciding which party should receive funds paid by a Guaranteed Auto Protection (GAP) provider after Debtor聽 totaled his car. Debtor and the Chapter 13 Trustee contend that the GAP proceeds should flow to the bankruptcy estate. Creditor Credit Acceptance Corporation, which received the GAP funds directly from the GAP provider, argues that it is entitled to keep those funds.
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Bobby Wilbert | June 28, 2018
Debtor #8217;s Liability from Judgment for Taking Son #8217;s Inheritance was Partially a #8220;Consumer #8221; Debt for 搂707 Analysis
This matter presents what would appear to be a relatively simple question鈥攊.e., what qualifies as a #8220;consumer debt #8221; under the U.S. Bankruptcy Code.聽聽But appearances can be deceiving. The Code defines a consumer debt as one incurred for a personal, family, or household purpose.
READ MORE
Bobby Wilbert | June 26, 2018
Trustee Who Hired Herself as Attorney had Attorneys Fees Slashed since Trustee #8217;s Ordinary Duties are routinely Performed by a Chapter 7 Trustee Without the Assistance of Counsel
Trustee was appointed as the Chapter 7 Trustee in this reopened case and hired herself as an attorney. Before the Court is her First and Final Fee Application for Attorney Fees (the #8220;Application #8221;) requesting $6,270.00 for attorney fees and $14.70 for expenses.
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Bobby Wilbert | June 25, 2018
Debtor #8217;s Counsel Fee Request Reduced by Court Where Adversary Proceeding was Not Required and Lawyer and Paralegal Both Billed at Same Hourly Rate
The Debtors, by counsel, filed a voluntary Chapter 7 petition on May 18, 2017 at which time the automatic stay of 11 U.S.C. 搂362(a) went into effect. A motion to quash garnishment was filed the next day, on May 19, 2017, against Wellmont, which apparently had a judgment against the Plaintiff. An order to quash the garnishment was entered by this Court on May 22, 2017.聽
READ MORE
Bobby Wilbert | June 22, 2018
Court Awards Debtor $2,080 in Compensatory Damages and $25,000 in Punitive Damages against Creditor that Coerced Debtor into Paying Discharged Debt
The Plaintiff/debtor brings this adversary proceeding against Defendants (PPR and DE III), alleging they sought to coerce the Plaintiff into paying her discharged loan in violation of the discharge injunction of 11 U.S.C. 搂524(a). The parties filed cross-motions for summary judgment on liability.
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Bobby Wilbert | June 20, 2018
Court Awards NACBA Member $11,000 in Attorney #8217;s Fees in Student Loan Discharge action, since the Work was Reasonably likely to Benefit the Debtor at the time that it was Performed
On October 13, 2016, Debtor filed this Chapter 13 case. On June 12, 2017, the Court confirmed the Debtor #8217;s plan. On June 18, 2017, the Debtor filed an adversary proceeding against Educational Credit Management Corporation ( #8220;ECMC #8221;) under 搂 523(a)(8) of the Bankruptcy Code, seeking to discharge over $223,000.00 of student loans that the Debtor took out to pay for law school and for her daughters to go to college.
READ MORE
Bobby Wilbert | June 20, 2018
Above-Median Debtor Need Not Use Actual Monthly Rental Expense on Means Test Form to Determine Disposable Income
As a matter of first impression, the question before this Court is whether an above-median income earner must, on Official Form 122C-2, account for his actual monthly rent expense in calculating his net rent expense for purposes of determining his monthly disposable income.
READ MORE
Bobby Wilbert | June 19, 2018
Debtor #8217;s Settlement for Injuries Caused by Trans-vaginal Mesh was Property of the Estate Since the Claim Existed Pre-Petition
Co-debtor in this case ( #8220;Debtor #8221;), filed a Motion for the court to #8220;Determine Product Liability Settlement Is Not Property Of The Bankruptcy Estate. #8221;聽聽Chapter 7 Trustee ( #8220;Trustee #8221;), filed an Opposition to the Motion.
READ MORE
Bobby Wilbert | June 11, 2018
Garnishment of Debtor #8217;s Bank Account by Judgment Creditor did Not Extinguish Debtor #8217;s Interest in Account; Debtor Could Recover Funds under 522(f)
Creditor obtained a judgment against the Debtor in state court on April 7, 2017 in the amount of $85,203.00 in damages, plus $30,000.00 in attorney #8217;s fees. Thereafter, Creditor filed a request with the state court for issuance of a garnishment summons and writ of聽execution on the judgment.
READ MORE
Bobby Wilbert | June 7, 2018
Debtor with $700,000 in Student Loans Was Not Eligible to file Chapter 13 Since Debts Exceeded Limits Under 11 U.S.C. 搂109(e)
Debtor wants to be a chapter 13 debtor and use her future income to repay her substantial debts through a court-approved plan. Under 11 U.S.C. 搂109(e), only an individual with non-contingent, liquidated, unsecured debts of less $394,725 can be a chapter 13 debtor. The Debtor #8217;s student loan debts alone exceed that amount. When she filed her chapter 13 petition, the Debtor鈥檚 unsecured debts totaled more than $870,000, an amount that is more than double section 109(e)鈥檚 debt limit.
READ MORE
Bobby Wilbert | June 6, 2018
Debtors #8217; use of a portion of Property for Commercial Purposes (Airbnb rental) did Not Remove the Property from the protection of Homestead Exemption
The Debtors filed a voluntary petition under Chapter 7 of the United States Bankruptcy Code聽 on December 15, 2017 (the #8220;Petition Date #8221;). In their bankruptcy schedules, the Debtors disclosed their ownership interest in the Property, listing the value as $195,400, subject to a mortgage with an outstanding balance of $162,125 as of the Petition Date. On their amended Schedule C, the Debtors claimed a $500,000聽 homestead exemption in the Property.
READ MORE
Bobby Wilbert | June 5, 2018
Debtor鈥檚 Ability to Participate in an Income Based Repayment (IBR) plan does Not prevent a debtor from Obtaining a Hardship Discharge of Student Loan
A 58-year-old Debtor filed an adversary proceeding to discharge her student loans, which she had obtained in her mid-forties. She was trying to improve her job prospects by attending a local community college.
READ MORE
Krista D'Amelio | May 25, 2018
Washington Update- May 25, 2018
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.聽
READ MORE
Krista D'Amelio | May 23, 2018
NACBA Urges U.S. Department of Education to Assess amp; Approve Undue Hardship in Student Loan Bankruptcy Discharge
The National Association of Consumer Bankruptcy Attorneys (NACBA) submitted comments to the U.S. Department of Education (ED) on May 17, 2018, ahead of ED鈥檚 May 22, 2018, deadline requesting information on factors to be considered in evaluating undue hardship claims asserted by student loan borrowers in adversary proceedings filed in bankruptcy cases.
READ MORE
Bobby Wilbert | May 22, 2018
Same-Sex Couple with Certificate of Civil Union Can File Joint Bankruptcy Petition
Debtors filed a joint petition under chapter 13 of the Bankruptcy Code on February 5, 2018. On March 5, 2018, they attended their section 341 meeting with the office of the chapter 13 trustee. During the meeting, the Debtors were questioned about their marital status and responded by showing the trustee鈥檚 attorney a copy of their 鈥淐ertificate of Civil Union.鈥
READ MORE
Bobby Wilbert | May 14, 2018
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
The confirmed the Debtor #8217;s Chapter 13 plan commonly referred to as a #8220;cure and maintain #8221; plan. In the plan, the Debtor listed the amount of the prepetition arrearage she believed she owed to the Association. The plan provides for monthly payments to cure that arrearage over the life of the plan and provides for payment of the regular Association payments each month.
READ MORE
Krista D'Amelio | April 30, 2018
Don鈥檛 File Bankruptcy Without An Attorney: Pro Se, No Way!
鈥淧ro se鈥 means that individuals can file bankruptcy without an attorney. NACBA has launched its latest campaign, 鈥淧ro Se, No Way!鈥, to encourage debtors to seek the advice of a qualified attorney when filing bankruptcy.
READ MORE
Krista D'Amelio | April 26, 2018
NACBA Board Announcement
The National Association of Consumer Bankruptcy Attorneys (NACBA) is announcing the latest election results for the Board of Directors. Carol A. Colliersmith, Esq., from Marietta, GA, and Edward C. Boltz, Esq., from Durham, NC were re-elected to the Board of Directors. NACBA congratulates Jenny L. Doling, Esq. on being elected to the Board of Directors for 2018.
READ MORE
Bobby Wilbert | April 18, 2018
Chapter 13 Debtor #8217;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
This case involves whether or not debtor #8217;s counsel in Chapter 13 bankruptcy proceedings in this District will be reimbursed money advanced to their debtor clients for filing their bankruptcy petitions, taking required credit counseling course prior to filing bankruptcy, and for credit reports obtained by counsel prior to the petition being filed.
READ MORE
Krista D'Amelio | April 13, 2018
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 part of Congress, regulatory agencies and interest groups/think tanks.聽
READ MORE
Bobby Wilbert | April 10, 2018
Above Median Income Debtor Who Contributed to 401(k) and Who Over-withheld Income Taxes Beat the UST #8217;s to Dismiss Case for Abuse
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Bobby Wilbert | April 10, 2018
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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Bobby Wilbert | April 9, 2018
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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Bobby Wilbert | April 9, 2018
Trustee may Avoid Fraudulent Transfer under 搂 548(e) even if the Property was Exempt as Debtor #8217;s homestead at the Time of Transfer
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Bobby Wilbert | April 8, 2018
A Liquidated, Noncontingent Claim is considered a Secured Claim in Debtors #8217; chapter 13 case for purposes of 搂 109(e), even if the Collateral for Claim is Not Property of Debtors #8217; Bankruptcy Estate.
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Bobby Wilbert | April 8, 2018
#8220;True Consumer Debtor #8221; 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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Bobby Wilbert | March 25, 2018
Ocwen Sanctioned $5,875.00 representing Debtors #8217; 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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LATEST EVENTS
Court Granted Discharge to Chapter 13 Debtors Who Made Pro-Rata Payment on Mortgage and Avoided the Lien, Since Mortgage-holder Failed to Object to Plan or Confirmation Order
Chapter 13 Debtors Made Pro-Rata Payment on Mortgage and Avoided the Lien, Since Mortgage-holder Failed to Object to the Plan or Confirmation Order
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NACBA EVENTS
An integral part of NACBA鈥檚 mission is enhancing the ability of its members to represent their clients effectively by holding [ hellip;]
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CONNECT WITH US
NATIONAL ASSOCIATION OF CONSUMER BANKRUPTCY ATTORNEYS
2200 Pennsylvania Avenue NW, 4th Floor, Washington, DC 20037
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