NACBA's 32nd Annual Convention: #NACBACO
Thursday, April 25 to Sunday, April 28, 2024
The Broadmoor
Colorado Springs, CO

 

Tuesday, Nov. 28, 2023
6-9 PM
Ole Red, Nashville
Ticket price: $99 (open bar, food & live music)
 
NACBA is heading to Broadway for the full country experience at Ole Red. We have booked a private space at the iconic Honky-Tonk. Join us on Tuesday, Nov. 28 from 6-9 p.m. for an open bar, food, and live music at Ole Red owned by famous country singer Blake Shelton. Tickets are $99. At Ole Red, they claim the music is so good, you’ll feel it the next day!
 
Transportation is on your own. Ole Red is a short Uber/Taxi away from the hotel. Plan to get to Broadway early or stay later. There is so much to do, see and hear in Nashville! 

The Ninth Circuit is considering whether a Chapter 13 debtor’s statutory right to dismiss his bankruptcy is precluded by bad faith or ineligibility under section 109(e). Judgment creditor TICO Construction Company, Inc. (“TICO”) objected to the debtor’s motion to dismiss, arguing that Mr. Powell did not have an absolute right to dismiss his case because he was abusing the bankruptcy process and was not eligible to be a Chapter 13 debtor. TICO argued that the bankruptcy court should instead convert the case to one under Chapter 7. The bankruptcy court disagreed with TICO’s analysis and dismissed the case. The Ninth Circuit Bankruptcy Appellate Panel affirmed in TICO Constr. Co. v. Van Meter (In re Powell), 644 B.R. 181 (B.A.P. 9th Cir. 2022).

The 8th Circuit Court of Appeals is considering the issue whether the increased value of the debtor’s residence during a Chapter 13 bankruptcy is part of the Chapter 7 estate upon conversion. This is an appeal from the 8th Circuit Bankruptcy Appellate Panel affirming the bankruptcy court’s ruling that an increase in equity in real estate during a Chapter 13 is part of the bankruptcy estate in a converted Chapter 7 case. Goetz v. Weber (In re Goetz), 651 B.R. 292 (B.A.P. 8th Cir. 2023).

The Ninth Circuit Court of Appeals is considering whether an exemption of “100% of FMV” protects all the equity in the property, over and above the allowable exemption, and any appreciation in value post-petition. The Ninth Circuit Bankruptcy Appellate Panel reversed the bankruptcy court and found that an exemption claim of “100% of FMV” included the entire value of the property, not the allowable exemption. Further, the court held that this exemption claim included any post-petition appreciation because there was no objection to the exemption. Masingale v. Munding, 644 B.R. 530 (B.A.P. 9th Cir. 2022). 

In Kiviti v. Bhatt, No. 22-1216, 2023 U.S. App. LEXIS 24415 (4th Cir. Sep. 14, 2023), the court ruled that the parties in an adversary proceeding cannot manufacture a final judgment in order to appeal an otherwise interlocutory order. Further, the mootness doctrine employed by Article III courts to determine whether a case or controversy exists does not apply to bankruptcy courts as non-Article III courts.

The National Consumer Bankruptcy Rights Center (NCBRC) is a 501(c)(3) organization dedicated to protecting the integrity of the bankruptcy system and preserving the rights of consumer bankruptcy debtors. NCBRC provides assistance either by working directly with debtors’ attorneys or by filing amicus briefs in courts throughout the country. Consider supporting NCBRC today!

The Fall 2023 edition of NACBA's Consumer Bankruptcy Journal is available now! Go straight to reading this issue's top features including: Got Cyber-Coverage?; Practice Pointers For Discharging Student Loan Debt In Bankruptcy; and The New and Improved(?) Rule 3002.1.

 

NACBA's CBJ is an exclusive member benefit. The quarterly publication showcases consumer bankruptcy related material, Supreme Court updates, profiles of NACBA members and programs, previews of NACBA events, as well as, commentary on topics of interest to bankruptcy attorneys.