NACBA News

On May 14, 2021 NACBA and National Consumer Law Center (on behalf of its low-income clients) sent a joint letter […]

On March 29, 2021, the National Association of Consumer Bankruptcy Attorneys (NACBA) sent a letter to Administrator Isabella Casillas Guzman […]

We are happy to report that on Saturday, March 27, 2021 President Biden SIGNED H.R. 1651 into law. The amended […]

On March 17, 2021 the National Association of Consumer Bankruptcy Attorneys (NACBA) submitted a letter to Director Clifford White at […]

Yesterday NACBA shared that the U.S. Senate passed an amended H.R. 1651 “COVID-19 Bankruptcy Relief Extension Act of 2021”. The […]

As NACBA reported, on March 17, 2021, the U.S. House of Representatives passed H.R. 1651 “COVID–19 Bankruptcy Relief Extension Act […]

On March 17, 2021, the U.S. House of Representatives passed H.R. 1651 "COVID–19 Bankruptcy Relief Extension Act of 2021". Among many […]

In light of on-going developments with COVID-19 and after thoughtful discussions with our Board of Directors and several dedicated NACBA […]

The National Association of Consumer Bankruptcy Attorneys (NACBA)  submitted a letter, March 17, 2021, to Director Clifford White at the […]

The National Association of Consumer Bankruptcy Attorneys (NACBA) commends Senator Elizabeth Warren and House Judiciary Chair Jerrold Nadler for their […]

On Tuesday, September 29, 2020 the House Judiciary Committee led by Chairman Jerry Nadler (D-NY), held a markup hearing and […]

Published: Sept. 8, 2020 at 8:26 a.m. ET, MarketWatch By John C. Colwell U.S. Bankruptcy Code should be overhauled to […]

Due to the global COVID-19 (Coronavirus) pandemic, the National Association of Consumer Bankruptcy Attorneys (NACBA), has no choice but to […]

For Immediate Release The National Association of Consumer Bankruptcy Attorneys (NACBA) and National Consumer Law Center (NCLC) on Wednesday hosted a […]

As a majority continue to follow stay at home orders due to the COVID-19 crisis, NACBA’s Legislative Committee with support from NACBA’s Board of Directors have been working nonstop with House and Senate staff to ensure significant bankruptcy provisio

The NACBA 2020 Board of Directors Election Results are as follows: Tara Twomey, Esq., of Carmel, CA (Seat #1), Gene Melchionne, Esq., of Waterbury, CT (Seat #2), and Pamela Stewart, Esq., of Houston, TX (Seat #8).

WASHINGTON, D.C.- On April 13th, 69 community, civil rights, consumer, and student advocacy organizations, including NACBA, sent a letter to House and Senate leadership, urging them to include student debt cancellation in the next coronavirus package. 

The Debtor in this case was successfully represented by NACBA member Mr. David Wilkinson of Frego & Associates – The Bankruptcy Law Office, PLC in Dearborn Heights, Michigan. In this case the Debtor filed a chapter 7 bankruptcy without her spouse. 

This week NACBA performed a survey of how different courts are addressing the coronavirus pandemic.  Every district’s website was examined for published orders or policies.  All orders regarding wet signatures are linked along with other orders re

The National Association of Consumer Bankruptcy Attorneys (NACBA) has been working hard advocating behind the scenes (while maintaining a safe social distance) with House and Senate Judiciary Members and staff to get bankruptcy provisions passed in the cu

The unprecedented pandemic we are now experiencing will without doubt cause financial hardship to millions of Americans who had no hint that their otherwise stable economic situations would be disrupted so completely.  Even with payment moratoria and tem

What are the dangers in filing an emergency bankruptcy petition for a Debtor you never met and who didn’t sign the bankruptcy petition? (Bankr. N.D.TX.)

NACBA is carefully monitoring the evolving coronavirus situation. Like many, we are hopeful for an effective solution in the near future. In the meantime, we are pleased to announce that NACBA’s 2020 Members-Only Workshop, December 1 – Decembe

Effective immediately, all in-person chapter 7, 12, and 13 section 341 meetings scheduled through April 10, 2020, are hereby continued until a later date to be determined.

Please note, if you are already a member of NACBA, THANK YOU for your support of the profession. If you […]

Prior to the Debtor’s bankruptcy he had some serious real estate tax issues. He owned real property in Pendleton County, Kentucky (the "Rogers Property”) but failed to pay taxes for tax years 2003, 2004, 2006 and 2007.  The County sold the tax certif

Prior to this case the Debtors had filed three chapter 13 cases in quick succession from late 2015 to early 2016 all of which were dismissed without a confirmed plan. The debtors filed this chapter 13 case in March of 2019 and were originally represented

NACBA continues to advance, and we visualize the upcoming year to be one of uninterrupted fortune. Looking back, the 2019 calendar for NACBA was replete with success. 2020 and 20/20 indeed!

Prior to filing for bankruptcy, the Debtor incurred a student loan (ultimately held by Navient)  to attend the Reformed Theological Seminary.  The seminary was not a Title IV accredited institution. The Debtor filed bankruptcy, listed this loan and rece

Prior to filing bankruptcy, the Debtor borrowed money to pay for his undergraduate education. After graduating and serving in the United States Navy for five years, he borrowed additional funds to attend and complete law school. After graduating from law

Does a creditor violate the automatic stay by threatening a debtor with criminal prosecution to collect a civil debt? (Bankr. W.D.VA.) In chapter 13, can an under-secured 910-car creditor tack on post-petition attorney’s fees? (Bankr. W.D.AR.) In a chap

Does a bankruptcy court have the discretion to deny an amendment of exemptions if the amendment is in bad faith or would prejudice creditors? (8th Cir.) What are the dangers in filing an emergency bankruptcy petition for a Debtor you never met and who did

Does a chapter 7 debtor have standing to object to the trustee’s proposed sale of assets? (8th B.A.P.) Can a debtor exempt a rifle as "[n]ecessary apparel, bedding, foodstuffs, household furniture and appliances?” (Bankr. D.CT.). Is failure to disclos

Does a calendaring error made by Debtor’s counsel constitute "excusable neglect” under Civ. P. 60(b)(1) and Fed. R. Bankr. P. 9024? (Bankr. E.D.MI.) Can Debtors defend against a trustee’s tuition claw back by asserting they received the economic ben

Can a state agency argue that a debt is non-dischargeable under Section 523(a)(7) if it began criminal proceedings to collect the debt post-petition?(Bankr. N.D.AL.) Does a chapter 7 debtor have standing to object to a claim? (Bankr. E.D.NY.) Can debtor�

In a chapter 13, does a car creditor violate the automatic stay if the storage lot owner does not release a repossessed vehicle? (Bankr. E.D.MI.) Is a homestead refund credit received post-petition on real estate taxes paid pre-petition part of the bankru

Does a Defendant asserting judicial estoppel have standing to object to a motion to reopen a bankruptcy (11 U.S.C. § 503) to disclose the omitted claim? (D. W.D.WA.) Can a debtor pay off a car title pawn loan over the duration of a chapter 13 bankruptcy?

If a bankruptcy court denies a discharge under Section 727, does it have the authority to enter a money judgment against the debtor under a non-dischargeability proceeding under Section 523? (Bankr. E.D.MI.) Can a chapter 13 debtor cram down a residence w

Prior to filing bankruptcy, the Debtor was sued in state court for fraudulent misrepresentation and for breaching a contract to restore a vintage automobile. A default judgment was entered against her. Ten years later she filed a chapter 13 bankruptcy. Th

Can a debtor, post-deposition, make material, contradictory changes to his deposition transcript on the Errata Sheet? (Bankr. N.D.GA.) Can the bankruptcy court allow a late claim by a creditor omitted from a timely filed creditors list? (Bankr. MD.) Can a

In 2011 the Debtors filed a voluntary chapter 13 bankruptcy which was converted later that year to a chapter 11. Several years later it was converted to a chapter 7 bankruptcy. At the same time of the Debtors conversion, one of Debtor’s companies Nattco

The Debtor was injured in a traffic accident in 2012. Later that year he filed a chapter 7 bankruptcy. He didn’t list the personal injury as an asset on Schedule B. Instead he listed it on Schedule I in response to the request to "Describe any increase

In a chapter 13, should debtor’s attorney’s fees be paid before commencing repayment to unsecured creditors? (S.D.Ind.) Can a debtor get reimbursed from estate assets for paying off a debt outside of the bankruptcy? (Bankr. N.D.Ohio) In a chapter 7 ba

Prior to filing bankruptcy, the Debtor hired NACBA member Jeffrey B. Kelly of the Law Office of Jeffrey B. Kelly, P.C. out of Rome, Georgia. Mr. Kelly successfully argued this case on behalf of the Debtor. The Debtor agreed to pay Mr. Kelly $4,500.00 for

1ST CIRCUIT 1st Circuit BAP Explains The Bankruptcy Rules Concerning Motions to Vacate Judgments In a chapter 13 confirmation context, […]

Are voluntary retirement contributions valid means test deductions in a chapter 13? (E.D.Mich.) Can a debtor claim a homestead exemption for sale proceeds received post-petition that were not reinvested timely? (D.ME.) Does the automatic stay stop a sanct

Prior to filing bankruptcy, the Debtors were involved in a tax dispute with the IRS. The IRS demanded the Debtors pay $107,000.00 in taxes plus $80,000.00 in fraud penalties for tax years 2009-2011. The Debtors petitioned the Tax Court for review. Shortly

In a student loan dischargeability proceeding, can a Debtor still demonstrate undue hardship if a student loan lender offers an IBRP of $0.00 per month? (Bankr. D.OR.) In a "Chapter 20” scenario, is it bad faith for the Debtor to file the chapter 13 if

The Debtor and his spouse were indebted to Standard Mortgage Corporation ("SMC”) which was secured by a mortgage on the Debtor’s real estate. The Debtor became delinquent on his mortgage payments and SMC instituted a foreclosure. Two days before sale,

Does a default judgment entered prior to bankruptcy have preclusive effect in a dischargeability proceeding? (2nd) Can a UCC lien be avoided if it doesn’t contain a description of the collateral and instead refers to a description in another document?