Presenters: Rachel Foley Esq., Mike Gouveia Esq., Kara Gendron Esq., Gene Melchionne Esq. and Jim Haller Esq.
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Where the Arizona debtors were subject to Kansas exemption law but could not actually take any exemptions due to residency requirements, they were entitled to use federal exemptions under section 522(d). Mackenzie v. Schreiber (In the Matter of Schreiber), No. 20-1993 (D. Ariz. June 4, 2021).

A creditor law firm and one of its individual attorneys may be held in contempt on a joint and several liability basis for violation of the discharge injunction when the lawyer fails to cease a garnishment action and return collected wages upon learning of the debtor’s discharge in bankruptcy. Ragone v. Stefanik & Christie, LLC, No. 20-8013 (B.A.P. 6th Cir. May 13, 2021).

The Supreme Court today declined the opportunity to clarify the test for determining whether a debtor has met the undue hardship standard for purposes of student loan discharge under section 523(a)(8). McCoy v. United States, No. 20-886, pet’n denied, (June 21, 2021).

We are excited to share that NACBA is launching a NEW website and membership database. Effective Wednesday, June 23, 2021, our new website will feature a modern and sleek design that offers an intuitive navigational structure. The site will effectively allow us to deliver the latest NACBA news and announcements, showcase our professional development and consumer bankruptcy attorney events (in-person and virtual), and better tell the NACBA story. 

Each NACBA member receives FREE, as part of his/her membership, access to Fastcase’s bankruptcy database, including opinions of: (i) the U.S. Supreme Court from 1 U.S. 1 to the present; (ii) the Federal Courts of Appeal from 1 F.2d 1 to the present; (iii) the Federal District Courts from 1 F.Supp. 1 to the present; and (iv) the Bankruptcy Courts from 1 B.R. 1 to the present.