NACBA eNewsletter
September 15, 2020
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NACBA Events
SAVE THE DATES #NACBAMCO
NACBA's 29th Annual Convention
Walt Disney World's Swan & Dolphin Hotel
May 13-16, 2021
Orlando, FL
 
Honest Tax
myLawyer Network Ltd.
Featured Webinar
Hot Topics & Hot Cases
Presenters: Tara Twomey Esq., & Henry Sommer, Esq.
Date: September 17, 2020
Time: 3:00 PM Eastern to 4:30 PM Eastern
$99 Member / $175 Non Member
 
Our expert panel from the National Consumer Bankruptcy Rights Center (NCBRC) will review the latest hot topic in consumer bankruptcy law, including pending cases before the Supreme Court and important Court of Appeals cases to watch.
 
Why you should attend: Don’t be the last to know what issues are coming next to a court near you. Find out what to expect by learning about the trends and the case law are working through the courts.
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Latest Bankruptcy News
10th Circuit – Student Loan Not Excepted from Discharge as Educational Benefit
An educational benefit is not a student loan for nondischargeability purposes under section 523(a)(8)(A)(ii). McDaniel v. Navient Solutions, LLC, No. 18-1445 (10th Cir. Aug. 31, 2020).
Texas District’s Treatment of Tax Refund In Chapter 13 Invalidated
Finding that it encroached on a below-median debtor’s substantive rights, the Fifth Circuit invalidated a local form chapter 13 plan provision that required all debtors to turn over any tax refund in excess of $2,000. Diaz v. Viegelahn, No. 19-50982 (5th Cir. Aug. 26, 2020).
 
NCBRC filed an amicus brief on behalf of the NACBA membership in support of the debtor in this case.
First-In First-Out Applies to Commingled Account
The Bankruptcy Court correctly used the first-in first-out approach to determine how much of a commingled account could be attributed to exempt funds. Tydings v. Reed (In re Tydings), No. 20-4057 (W.D. Mo. Sept. 3, 2020).
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Read on the NACBA Listserv "Mortgage Modification Mediation" and " First-In First-Out Applies to Commingled Account"
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