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

 

Once the trustee declines to assume an ongoing lease, the leased property drops out of the estate and new debt based on the debtor’s failure to make payments on the lease is not an administrative expense under section 503(b). Microf LLC v. Cumbess, No. 19-12088 (11th Cir. June 3, 2020).

State law discovery sanctions owed to a non-governmental entity for compensatory purposes do not fall under section 523(a)(7)’s exception to discharge for fines or penalties, and are therefore dischargeable. Costs related to the State Bar’s disciplinary actions are owed to a governmental agency, are punitive rather than compensatory in nature, and are therefore excepted from discharge. Where the debtor’s law license suspension was contingent upon her paying nondischargeable costs, the suspension was not discriminatory in violation of section 525(b). Albert-Sheridan v. State Bar of Calif., No. 19-60023 (9th Cir. June 10, 2020).

Rejecting its own dictum in  Seafort v. Burden (In re Seafort), the Sixth Circuit held that a Chapter 13 debtor’s post-petition voluntary contributions to an employer-sponsored retirement plan are not part of her disposable income so long as they are a continuation of pre-petition contributions. Davis v. Helbling (In re Davis), No. 19-3117 (6th Cir. June 1, 2020).

Where the judicial lien against the debtor was fully satisfied before the debtor filed his bankruptcy petition, the transfer of funds from his IRA used to satisfy the lien was not an avoidable transfer under section 547 or section 522(f) or (h). Elliott v. Pacific Western Bank, No. 18-17421 (9th Cir. Aug. 12, 2020).

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NACBA is proud to announce the acquisition of one of the top resources for consumer bankruptcy attorneys, Exemptions Express. NACBA Member, Attorney John R. Bates of New Philadelphia, Ohio, for years has published his website, Exemptions Express.com. He has spent hours compiling the exemption laws for all 50 states. Now with the support of NACBA, Bates will continue to update Exemptions Express and have it hosted at NACBA.org.

How to access? Simple, just log into NACBA.org with your registered email address and password and the link to Exemptions Express will appear.