NACBA eNewsletter
February 16, 2021
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NACBA Events
Registration for attendees, sponsors and exhibitors will open on Monday, March 15TH. NACBA’s block of rooms at Walt Disney World’s Swan and Dolphin will open on Monday, March 15TH. NACBA has secured a low rate of $229 for our convention guests. The $229 includes the mandatory resort fee.
Check back soon for updates on the schedule, speakers and other important information. 
 
Honest Tax
Your Practice Mastered
Featured Webinar
Date: February 18, 2021
Time: 3:00 PM EST- 5:00 PM EST
Presenters: Edward Boltz Esq., Latife Neu, Esq.
Moderated by Jim Haller Esq.
Cost: $99 Members Only
 
What You Will Learn: The panel will discuss recent caselaw allowing discharge of student loans in bankruptcy including decisions reinterpreting the Brunner standard and narrowing the discharge exception of Section 523(a)(8)(A)(ii).  The panel will also discuss and provide examples of non-standard chapter 13 plan provisions to address student loans and provide examples of plans which have been confirmed.
 
Why You Should Attend: You need to know the most recent caselaw allowing discharge of student loans, how to enforce the discharge, and how to address student loans in chapter 13 and support that treatment.
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Latest Bankruptcy News
The debtor was permitted to voluntarily dismiss her chapter 13 case under section 1307(b) despite the judgment creditor’s objections and a technical error, where, even if a good faith component is read into the statute, the creditor failed to provide evidence of bad faith and was otherwise provided due process. Murphy v. Marinari (In re Marinari), No. 19-3642 (3rd Cir. Jan. 19, 2021) (unpublished).
A state-mandated notification with the state taxing authority of a change in the taxpayer’s federal taxes is a “return, or equivalent report or notice,” which, if not filed by the taxpayer, renders the state tax debt nondischargeable under section 523(a)(1)(B). Berkovich v. Calif. Franchise Tax Bd., No. 20-1025 (B.A.P. 9th Cir. Oct. 5, 2020).
Where the only injury resulting from bankruptcy counsel’s conduct was denial of discharge, the cause of action for legal malpractice accrued post-petition and belonged to the debtors rather than the chapter 7 bankruptcy estate. Church Joint Venture, L.P. v. Blasingame, No. 19-5505 (6th Cir. Jan. 26, 2021).
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