Date: Thursday, June 23, 2022
Time: 4:00-5:00 p.m. ET

Member Price: $25.00
 
Description: Join fellow NACBA member Cort Walker of the Sasser Law Firm as he discusses his successful case to sanction a medical provider for including Personally Identifiable Information (PII) in their bankruptcy claims. Mr. Walker successfully litigated a motion for sanctions for violations of Rule 9037 and obtained a judgment for his client that included actual damages, attorney's fees in the amount of $37,107 and punitive damages in the amount of $70,000.
 
Why you should attend: The inclusion of Personally Identifiable Information is a persistent problem that usually takes uncompensated time to correct. You need to know how to litigate this type of problem, gather and demonstrate pattern and practice evidence, and present the argument to your court to correct creditors who routinely violate Rule 9037.
 
Speaker: Cort Walker

Date: June 9, 2022

Time: 4:00-5:00 p.m. ET

 

A mortgage refinance agreement approved by the court is not equivalent to a motion to modify under section 1329. The debtors, who failed to pay their property taxes directly as required by their plan were not entitled to discharge even though the mortgagee paid those taxes on their behalf and the debtors and mortgagee refinanced their lending agreement to encompass that change. In re Villarreal, No. 16-10106 (Bankr. S.D. Tex. April 12, 2022).

The debtors were entitled to summary judgment on the issue of dischargeability of their payday loans despite the fact that they took out the loans three days prior to filing for bankruptcy. Ameri Best, LLC, v. Holmes, No. 18-20578, Adv. Proc. No. 18-6044 (Bankr. D. Kans. April 27, 2022).

The debtor’s proposed amendment to file her Chapter 11 petition under the newly enacted SBRA under which only the debtor could have a plan confirmed, would unduly prejudice the mortgage creditor who expended a great deal of time, expense, and effort to negotiate and obtain approval of its own plan. Ventura v. Gregory Funding, No. 20-1949 (E.D.N.Y. April 21, 2022).

The debtor has standing to avoid a tax sale under section 548 but only to the extent of her exemption and allowed claims. She may not recover her equity in the property. Morawski v. Effect Lake, LLC., No. 20-1125 (Bankr. D.N.J. April 11, 2022).

A retirement annuity account funded by a rolled-over IRA in the debtor’s name which was in turn funded by a contribution in excess of that allowed for tax exempt status, may not be exempted from the debtor’s bankruptcy estate. In re Farber, No. 21-12147 (Bankr. E.D. Pa. April 26, 2022).

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. 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.

NACBA and Certificate of Service have teamed up to offer NACBA members discounted mailing services! Every user of the NACBA/COS mailing system gets the benefit of reduced pricing on per page copy costs, reduced postage, as well as the same reliability and timeliness of the Certificate of Service mailing system. Access this member exclusive discount by logging into NACBA.org, clicking Member Dashboard, then clicking the Certificate of Service logo.