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NACBA News


Mar 24, 2020

NACBA Issues Joint Statement- re: Bankruptcy relief required to address economic crisis caused by COVID-19 Virus

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 t...

Mar 18, 2020

The Other Shoe Drops, Bankruptcy Court Sanctions Debtor's Attorney

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.)

Mar 18, 2020

NACBA’s 28th Annual Convention Cancelled

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...

Mar 17, 2020

U.S. Trustee Program Issues Notice on Continuance of Section 341 Meetings

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.

Mar 10, 2020

Bankruptcy Court Excludes Income Received as Charity in Brunner Test to Determine Non-Dischargeability of Student Loans

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

Feb 24, 2020

Can a Debtor Sue a Creditor for Filing a False Claim?

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 ce...

Feb 18, 2020

Bankruptcy Court Recognizes and Rewards Debtor's Counsel for Time Spent Preparing Schedules

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 ...

Feb 09, 2020

2020 President’s Letter to Membership

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!

Jan 24, 2020

District Court Refuses to Dismiss FCRA Class Action Lawsuit For Negligent Incorrect Credit Reporting On Discharged Student Loan Subtitle: Court finds CRA's failure to have a procedure in place to distinguish which student loans are discharged is neglige

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 ...

Jan 09, 2020

Bankruptcy Court Discharges Student Loans, Labels "Certainty of Hopelessness” Standard a "Myth” and Not Supported by In re Brunner.

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 ...

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