NACBA eNewsletter
November 8, 2022
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Featured Webinar
  
Recorded on Thursday, September 29, 2022
NACBA Member Price: $99
 
Description: In August 2022 the Biden Administration announced changes and forgiveness concerning federally guaranteed student loans. In addition, there are multiple other issues and changes concerning student loans. Our panelists will discuss the following topics:
 
1. FEDERAL “PAYMENT PAUSE” ON MOST FEDERAL LOANS UNTIL 12/31/22
2. BIDEN $10k/$20k FORGIVENESS -AUTOMATIC FORGIVENESS VS. APPLICATION PROCESS -- POSSIBLE LAWSUITS
3. PSLF [PUBLIC SERVICE LOAN FORGIVENESS] “LIMITED WAIVER” ENDS 10/31/22
4. IDR “AUDIT” TO GIVE PEOPLE MORE CREDIT TOWARD 20/25 YEAR IDR FORGIVENESS
5. “FRESH START” FOR ALL DEFAULTED FEDERAL STUDENT LOANS
6. CHANGES TO IDR PAYMENT PLANS PROPOSED FOR JULY 2023 or 2024 - New Plan Proposed
7. BDTR [BORROWER DEFENSE TO REPAYMENT FORGIVENESS]
8. SWEET v CARDONA PROPOSED CLASS ACTION SETTLEMENT re BDTR APPLICATIONS
9. FULL LOAN FORGIVENESS TO MOST WESTWOOD, CORINTHIAN & ITT STUDENTS — see dates
10. DEPARTMENT OBJECTIONS TO DISCHARGE IN BANKRUPTCY OR BANKRUPTCY ADVERSARIES
11. STAYING IN IDR PLANS DURING CHAPTER 13 BANKRUPTCY
12. FORGIVENESS IN BANKRUPTCY
13. JOINT SPOUSAL CONSOLIDATION LOANS
14. SERVICER CHANGES
15. IMPACT ON CURRENTLY FILED CHAPTER 13 CASES
16. IMPACT ON FUTURE BANKRUPTCY CASES
 
Why you should attend: In order to represent your clients in bankruptcy you must be aware of how and when the loans will be forgiven. Also, you need to be aware of the latest news and opportunities for your clients to reduce or eliminate their student loans. 
 
Speakers: Karen Cody-Hopkins, Esq. and Ed Boltz, Esq.
NACBA’s 31st Annual Convention
Thursday, April 27 – Sunday, April 30, 2023
Washington Hilton
Washington, D.C.
 
Professional Development
NACBA's Bankruptcy Workshop
November 28 - November 30, 2022
Caribe Hilton
San Juan, Puerto Rico
 
Member rate: $749
Non-member rate one-year NACBA membership: $899

Registration is OPEN! Be sure your membership is current to get the member rate. Non-attorney staff of members are permitted to attend. NOT A MEMBER? NACBA is offering special combo pricing that includes registration a membership!
 
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Latest Bankruptcy News
Stating that it “is always in a Chapter 13 petitioner’s interest to minimize income and assets,” and speculating that “had the bankruptcy court and Stanley’s creditors known about [his civil] claim, the outcome of Stanley’s bankruptcy petition could have been less favorable to Stanley,” the Sixth Circuit all but eliminated a bankruptcy debtor’s defense against judicial estoppel based on lack of motive to conceal the claim. Stanley v. FCA US, LLC, No. 21-4238 (6th Cir. Oct 18, 2022).
Where the state workers’ compensation procedure involves quasi-judicial steps including the right to notice, an opportunity to be heard, and the right to appeal an unfavorable decision, a lien arising out of that process is “judicial” rather than “statutory.” In re Shippy, No. 22-40706 (Bankr. W.D. Wash. Oct. 24, 2022).
A post-discharge liability arising out of pre-petition personal guaranty was not discharged in the debtors’ bankruptcy where the debt was based on transactions occurring four years after the debtors received their discharge. Reinhart Foodservice, LLC v. Schlundt, No. 21-1027 (E.D. Wisc. Oct. 27, 2022).
Two Chapter 13 plans providing for maintenance of the debtors’ student loans outside the plan satisfied section 1325(b)(1)(A)’s requirement that claims be paid at 100%, and did not unfairly discriminate against the class of student lenders even though they would receive smaller monthly payments than other unsecured claims and not be fully paid at the end of the plan. In re Durand-Day, No.22-40089 (Bankr. N.D. Tex. Oct. 26, 2022).
Member Benefit Highlight
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Bankruptcy may provide debtors with the opportunity for a fresh start. NCBRC provides assistance either by working directly with debtors’ attorneys or by filing amicus briefs in courts throughout the country. NCBRC also strives to impact the national conversation on bankruptcy laws and debtor rights by increasing public awareness and education and by attracting media attention to the important issues involved. Support NCBRC today!
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