Presenters: Tara Twomey, Esq., Ed Boltz, Esq., John Rao, Esq., Norma Hammes, Esq., Ike Shulman, Esq. & Joshua Cohen, Esq.

NACBA Member price: $199

 

Not a NACBA Member? Join NACBA & get this webinar FREE! Email: admin@nacba.com to take advantage of this new member offer!

 

Description: On Thursday, November 17 the Department of Justice and Department of Education released new guidance for the government when handling requests to discharge federal student loans in bankruptcy. These new guidelines advise DOJ attorneys to stipulate to the facts demonstrating that a debt would impose an undue hardship and recommend to the court that a debtor’s student loan be discharged under certain circumstances. The guidance provides a framework for Justice attorneys to apply in evaluating the factors that courts typically consider in determining undue hardship. It creates presumptions for some factors based on the borrower’s circumstances that should avoid unnecessary litigation.

 

Why you should attend: NACBA, with allies at NCLC, the Student Borrowers Protection Center and others have been working for more than a year with folks at the Departments of Education and Justice on this reimagined and liberalized guidance for the application of the Brunner Test. This is the most significant change regarding student loans and bankruptcy since 2005, when private student loans were made nondischargeable. Up until today, the current bankruptcy law treats student loan borrowers who face severe financial difficulties in the same, severe manner as people trying to escape child support payments, alimony, overdue taxes, and criminal fines. Join NACBA as we analyze and explain what this means for your consumer bankruptcy practice and clients in bankruptcy with federal student loans.

 

NACBA's Bankruptcy Workshop in San Juan, Puerto Rico is just 6 DAYS AWAY! There is still time to register & secure your place to earn CLE in beautiful San Juan! Already registered? Download the free SCHED app in the Apple Store or on Google Play to access the workshop schedule, session materials, learn about session speakers and build your daily agenda.

 

NACBA looks forward to welcoming you in stunning Puerto Rico!

A claimed exemption for 100% of FMV is allowed when no party in interest objects despite the fact that once the property appreciated post-petition, the exemption was greater than the statutory limit. Masingale v. Munding (In re Masingale), No. 22-1016 (B.A.P. 9th Cir. Nov. 2, 2022).

The “estate termination theory” allows the debtors to retain proceeds from the post-confirmation sale of prepetition property, where the value of the property appreciated and was sold after the property had revested in the debtors. In re Klein, No. 17-19106 (Bankr. D. Colo. Aug. 23, 2022).

A pawn agreement requiring the borrower to affirm that she was not in bankruptcy and did not intend to file for bankruptcy was not unenforceable as against public policy because the agreement did not commit the borrower to an agreement not to file for bankruptcy at a later date. TitleMax v. Roby, No. 21-630 (M.D. Ala. Sept. 19, 2022).

A bankruptcy court rejected the tax lender’s challenge to the district’s Mandatory Form Chapter 13 Plan where it found the lender, whose claim would be fully paid through that plan, simply did “not want this Court’s oversight in approving claims for reimbursement for any post-petition expense charges.” In re Martin, No. 22-30148 (Bankr. S.D. Tex. Nov. 14, 2022).

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.

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. NCBRC provides assistance either by working directly with debtors’ attorneys or by filing amicus briefs in courts throughout the country. Consider supporting NCBRC today!

NACBA Connect is one of the most popular features of NACBA membership and gives NACBA members the ability to pose bankruptcy questions and get real time responses from their colleagues around the country. NACBA Connect is home to more than 20 different listservs where participants enjoy the unparalleled ability to post both the easy and hard questions to some of the best consumer bankruptcy attorneys in the nation. Each listserv, which also function as a virtual community of people doing the same type of work, is a boon for the new practitioner as well as the most sophisticated consumer bankruptcy attorneys.