SAVE THE DATES FOR NACBA'S 29TH ANNUAL CONVENTION #NACBAMCO

May 13-16, 2021

Walt Disney World's Swan & Dolphin Hotel

Presenters: Cathy Moran Esq., Judge Meredith Jury, Jenny Doling Esq., & Jim Haller. Esq. Date / Time: October 7, 2020 / 3:00 PM Eastern to 4:30 PM Eastern
$99 Member / $175 Non Member

 

Presenters: Tara Twomey Esq., & Henry Sommer, Esq.
*NEW DATE*: October 15, 2020
Time: 3:00 PM Eastern to 4:30 PM Eastern
$99 Member / $175 Non Member

 

Presenters: Tara Twomey Esq., & Henry Sommer, Esq.
ON-DEMAND
$109 Member / $185 Non Member

 

When the debtors filed for chapter 7 bankruptcy, they had two outstanding mortgages on their residence. The first was partially secured and the second was fully underwater. The debtors filed an adversary complaint seeking to strip down the partially secured senior lien. The bankruptcy court, compelled by Dewsnup v.Timm, 502 U.S. 410 (1992) and Bank of America, N.A. v. Caulkett, 575 U.S. 790 (2015), granted the creditor’s motion to dismiss. In re Vasquez, No. 19-1841, Adv. Proc. No. 19-100 (Bankr. E.D. N.C. March 25, 2020). Agreeing with the bankruptcy court’s “thorough analysis and conclusions,” the district court affirmed. In re Vasquez, No. 20-62 (E.D. N.C. Aug. 2020).

Funds fraudulently transferred during a chapter 13 case remain in the debtor’s “constructive possession” and become part of the chapter 7 estate upon conversion. Brown v. Barclay, No. 18-60029 (9th Cir. March 23, 2020).

The bankruptcy court did not abuse its discretion in imposing sanctions for violation of section 526(a) against UpRight law firm for statements in its Attorney Disclosures which were prohibited by an earlier settlement agreement and were therefore misleading. Law Solutions of Chicago, LLC v. Corbett, No. 19-11405 (11th Cir. Aug. 31, 2020).

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