NACBA eNewsletter
November 9, 2021
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NACBA Events
NACBA's 30th Annual Convention will be held in Tucson, AZ. NACBA's planning committee is busy putting together a convention filled with sessions, speakers and networking opportunities that you will not want to miss. #NACBAAZ is taking place at the JW Marriott Starr Pass Resort & Spa. This stunning hotel is perfect for taking in beautiful sunsets and sunrises while sitting by the fire pit and catching up with your colleagues.
 
Dates: May 19-22, 2022
 
JW Marriott Starr Pass Resort & Spa
3800 W. Starr Pass Blvd.
Tucson, Arizona 85745
 
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Featured Webinar
  
Date: Friday, Nov. 12, 2021
Time: 12-5 p.m. Eastern
 
Description: The session will outline and explain the Chapter 11 process, how to prepare and file a case, and the main statutory and case law you need to know.
 
Why you should attend: You need to know the basics of Chapter 11 practice to file a SBRA for your clients. This session will prepare you for the SBRA session at #NACBAHI.
 
Member price: $149
Professional Development
  
We look forward to seeing NACBA members on the beautiful island of Kaua'i for NACBA's Members-Only Workshop! Registration is CLOSED.
 
As our association’s response to COVID-19 continues to evolve, our in-person events will include measures to promote safety and prevent the spread of the coronavirus. If you choose to participate in our events in person, the event environment will promote social distancing and event protocols guided by the CDC, along with other safety measures that NACBA and the event location deem necessary. NACBA's Members-Only Workshop will operate in conjunction with the State of Hawaii's requirements for all "professional" events.
 
Please email admin@nacba.com with any questions or concerns.
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Latest Bankruptcy News
Post-petition appreciation in a Chapter 13 case becomes part of the Chapter 7 estate upon conversion. In re Castleman, No. 19-12233 (Bankr. W. D. Wash. June 4, 2021).
 
When the debtors filed for Chapter 13 bankruptcy their residence was valued at $500,000. At the time of conversion of the case to Chapter 7, the property value had appreciated to $700,000. The trustee moved to include the appreciation in the Chapter 7 bankruptcy estate and the debtors opposed the motion.
The appellants were liable for willful violation of the discharge injunction when they pursued post-discharge state litigation and garnishment based on pre-petition conduct even though the debtor could have but did not raise the discharge as a defense in the state litigation. Morgan v. Morgan, No. 20-291 (D. Utah Oct. 25, 2021).
An overpayment resulting from the debtor’s mistakenly making mortgage payments while the Chapter 13 trustee was making the same payments through the plan was properly remitted to the trustee for distribution rather than being returned to the debtor. White v. Regions Bank, No. 20-5355 (6th Cir. Sept. 30, 2021) (unpublished).
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Each year, millions of individuals and families across the country struggle to pay their bills. Often financial distress follows on the heels of other unanticipated events such as job loss, divorce, substantial out-of-pocket medical expenses and natural disasters. Bankruptcy may provide these debtors with the opportunity for a fresh start. The Bankruptcy Code grants financially distressed debtors certain rights that are critical to the proper functioning of the bankruptcy system as a whole. However, bankruptcy debtors, lacking both financial resources and exposure to the bankruptcy system, often do not have the ability to protect the integrity of the bankruptcy system and preserve the bankruptcy rights of consumer debtors more generally. The National Consumer Bankruptcy Rights Center (NCBRC) was created to fill that vacuum.
 
JOIN THE CAMPAIGN!
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. In addition, NACBA members are eligible to purchase Fastcase’s “Premium Plan,” which includes access to a database of opinions of the supreme courts and courts of appeal of all 50 states, at an annual rate of just $195. This is a significant discount from the non-member annual price of $995.
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