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Recorded on Thursday, December 8, 2022
Speakers: Tara Twomey, Esq., Ed Boltz, Esq., John Rao, Esq., Norma Hammes, Esq., Ike Shulman, Esq. & Joshua Cohen, Esq.
Member price: $199
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 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.
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NACBA's 31st Annual Convention
April 27-30, 2023
Washington Hilton
Washington, DC
NACBA's 31st Annual Convention will be held in Washington DC at the historic Washington Hilton and you can secure your room today! Washington Hilton is perfectly located in Dupont Circle, less than 2 miles away from the White House and the National Mall. The NACBA room rate starts at $245 and expires on April 4, 2023.
NACBA's planning committee is putting together a convention filled with sessions, speakers and networking opportunities that you will not want to miss. While other associations "add consumer tracks," NACBA is the only national association dedicated to serving the professional needs of consumer bankruptcy attorneys. If you practice consumer bankruptcy and represent debtors, the NACBA annual convention is where you grow your practice.
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27
Apr 2023
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Be sure to secure your registration for NACBA's 31st Annual Convention Pre-Con Sessions, "Student Loan Workshop." The sessions will be all about student loans. The full agenda will be released soon. The member Pre-Con Session rate is $249. It's a can't miss workshop!
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NACBA's Bankruptcy Workshop 2023
November 27-29, 2023
Loews
Nashville, TN
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In a succinct opinion, the Ninth Circuit reaffirmed its 2004 decision that Congress abrogated tribal sovereign immunity with respect to the automatic stay. Numa Corp. v. Diven, No. 22-15298 (9th Cir. Nov. 14, 2022) (unpublished).
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For purposes of lien avoidance under section 522(f), the debtor was able to claim a homestead exemption in the amount of the California exemption in effect at the time of his bankruptcy petition, despite California law that fixed the exemption amount at the time of lien creation. Barclay v. Boskoski (In re Boskoski), No. 22-55098 (9th Cir. Nov. 14, 2022).
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Faced with the question of whether the debtor’s tax debt based on a late-filed tax return was excepted from discharge, the circuit declined to reexamine its holding in Fahey where it applied the strict “one day late” rule, found the debtor waived his argument in support of an objective test that does not consider timing of filing, and instead, held the debtor’s late-filed tax return did not meet Beard’s subjective test for a “return.” In re Kriss, 21-1206 (1st Cir. Nov. 22, 2022). After the debtor failed to pay taxes for the years 1997 and 2000, the IRS conducted an independent assessment of his taxes, interest, and penalties from those years and concluded that he owed almost $80,000. Later, the debtor filed an IRS form 1040 relating to those years’ taxes. In 2012, the debtor filed for Chapter 13 bankruptcy and obtained a discharge in 2017. The debtor and IRS then sought guidance from the bankruptcy court as to whether his tax liabilities were discharged along with his other debts. The bankruptcy court found the tax debts had not been discharged, and the district court affirmed. The debtor appealed to the First Circuit.
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A fee agreement that purports to attach an attorney’s lien on the debtor’s exempt personal property is unenforceable under section 526(a) where state law allows such liens only on non-exempt property or on exempt personal property for specified exceptions not including attorney’s fees. In re Turner, No. 22-41570 (Bankr. D. Minn. Dec. 2, 2022).
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The winner? Confirmed plan. Where the mortgagee had notice and opportunity to object to confirmation of the debtors’ Chapter 13 plan providing for mortgage arrears in the amount of approximately half the mortgagee’s allowed proof of claim, the mortgagee could not be heard, at the debtors’ successful completion of their plan, to complain that the debtors still owed pre-petition arrears. In re Edelstein, No. 17-11461 (Bankr. N.D. Ill. Nov. 7, 2022).
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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!
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Ruby's trend forecast for this year? More conversations, more connections—and more opportunities to turn callers into clients. Learn more in Ruby’s 2022 call trends report! Remember, as a member of NACBA, you are eligible for 5% off Ruby with promo “NACBA.”
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NACBA has teamed up with Heartland® to offer you easy payroll and HR solutions to manage your greatest asset – your employees – while also protecting your business. Heartland can help you streamline operations.
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Developed for the legal industry, LawPay makes it easy to accept credit, debit, and eCheck payments anytime, from anywhere. Our technology prevents commingling of earned and unearned funds and protects your trust account against any third-party debiting—ensuring compliance with ABA and IOLTA guidelines. Sign up for LawPay by December 30 and pay no monthly fee for three months and receive a $100 account credit.
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