The Honoring American Veterans in Extreme Need Act of 2019 (“HAVEN Act”) excludes certain benefits paid to veterans or their family members from the definition of current monthly income (“CMI”) found in the Bankruptcy Code. The HAVEN Act amends § 101(10A) of the Bankruptcy Code and supplements the 2005 amendments to the Code that excluded […]
Author Archives: NCBRC
9th Circuit Clarifies Appellate Attorney’s Fees in Sanctions Case
January 10, 2019 – 4:31 pm
The Ninth Circuit recently ruled that Section 362(k) of the Bankruptcy Code allows an award of attorney’s fees when the debtor successfully defends or challenges a judgment for violation of the automatic stay. In Easley v. Collection Serv. of Nev., No. 17-16506, 2018 U.S. App. LEXIS 35857, at *3 (9th Cir. Dec. 20, 2018), the […]
Midland Oral Argument Transcript
January 17, 2017 – 8:06 pm
Oral argument in Midland v. Johnson was today. See the transcript here.
NCBRC and NACBA Weigh In on Midland v. Johnson
December 29, 2016 – 4:19 pm
NCBRC is wrapping up its year-end funding campaign. There’s still time to make a tax-deductible contribution for 2016. Meanwhile…NCBRC and NACBA weighed in on the Midland v. Johnson case pending before the Supreme Court. Click here for the brief. A big thank you to Whitman Holt, Robert Pfister, Daniel Bussel, and Ken Klee at Klee, […]
Giving Tuesday and Beyond
November 29, 2016 – 7:24 pm
This year, the National Consumer Bankruptcy Rights Center, is participating in #GivingTuesday, a global day dedicated to giving. Last year, more than 45,000 organizations in 71 countries came together to celebrate #GivingTuesday. We invite you to join the movement by supporting the work NCBRC does on behalf of consumer bankruptcy debtors. Each year millions […]
Estate Property Encompasses Post-Discharge Consent Decree
May 12, 2016 – 5:41 pm
A post-discharge settlement based on a consent decree relating to the lender’s misconduct at the time it entered into a lending agreement with the chapter 7 debtors was property of the estate. In re Porrett, No. 09-3881 (Bankr. D. Idaho March 10, 2016). Gary Allen and Jennifer Sue Porrett had a mortgage through Wells Fargo. […]
Dept. of Ed.: Undue Hardship = Certainty of Hopelessness or Total Incapacity
October 19, 2015 – 4:47 pm
The federal government through the Department of Education has entered the fray over what constitutes a hardship sufficient to discharge student loans in bankruptcy. In an amicus brief filed in support of student loan creditor, ECMC, the government argues that student loans may be discharged only when the debtor’s situation evidences a “certainty of hopelessness.” […]
Must Read – Why Filing Stale Claims in Bankruptcy Violates the FDCPA
July 12, 2015 – 4:42 pm
On Friday, Debtor in Johnson v. Midland Funding filed her opening brief in the Eleventh Circuit. It is well worth the read. In summary: 1. There is no textual support for the conclusion that Bankruptcy Code precludes valid FDCPA claims. 2. When it comes to proofs of claim, debt collectors do not have a “right” to file […]
Chase Gets Off the Hook, ABI Gets $7.5m, Debtors Get $20
June 8, 2015 – 12:48 pm
We’ve heard on the street that the $20 checks for debtors are starting to roll in. The payments are part of a $50 million settlement between the United States Trustee Program and JP Morgan Chase, N.A. that was approved by the Bankruptcy Court for the Eastern District of Michigan on March 9, 2015. The settlement […]
Court Reaffirms Dewsnup in Chapter 7 Cases
June 2, 2015 – 2:35 pm
“The reasoning of Dewsnup dictates that a debtor in a Chapter 7 bankruptcy proceeding may not void a junior mortgage lien under §506(d) when the debt owed on a senior mortgage lien exceeds the current value of the collateral.” So held the Supreme Court yesterday in Bank of America v. Caulkett, 575 U.S. ___, No. […]
