Case Law

Bankruptcy News Briefs 6/19

New Week…New Headlines

U.S. House Judiciary Subcommittee on the Constitution and Civil Justice Holds Hearing to Examine Abusive TCPA Lawsuits

U.S. Department of Education Announces Plan to Improve Student Loan Regulations

Consumers’ Financial Expectations Worsen Somewhat in May

What You Should Know About “Standing” Since Spokeo

First Circuit Rules that Bankruptcy Court “Retention of Jurisdiction” Provisions Not Enough to Establish Jurisdiction

Subject Matter Jurisdiction and Abstention in Legal Malpractice actions brought by a Bankruptcy Debtor – Part 1

THE U.S. ECONOMY IN A (POST?) DODD-FRANK NATION

Dodd-Frank under fire

Where Creditor Released Garnishment within One Week of Learning of Bankruptcy, Debtor Did Not Have a Case Under §362(k) for Stay Violation

Debtor who Failed to Disclose Material Information in his Schedules and Statements Did Not Meet Marrama’s “Lack of Bad Faith” Requirement to Convert to Chapter 13

Debtor who Fails to Make Direct Payments to Secured Creditor under “Cure and Maintain” Plan is Not Entitled to a Discharge since they are “Payments Under the Plan”

Upcoming NACBA Webinar!

Don’t miss NACBA’s comprehensive webinar, “2017 Case Law Updates & Impact on Consumer Bankruptcy Attorneys,Thursday, June 22nd from 3pm-4pm ET with Henry Sommer and Angela Littiwn. This webinar will discuss recent trends in bankruptcy case law, with analysis of cases decided by the Courts of Appeals and other appellate courts. Take a look at the cases they will be discussing and make sure you Register Today!

Cost is $25 for NACBA Members/$75 For NonMembers

Renew Your Membership  For a Chance to Win This Great Resource!

Renew your membership in June to be entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners, will be selected at random each month.

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the Requirements and start referring today!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

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Register for NACBA’s Webinar, “2017 Case Law Update& Impact on Consumer Bankruptcy Attorneys” Today!

 

Don’t miss NACBA’s comprehensive webinar, “2017 Case Law Update& Impact on Consumer Bankruptcy Attorneys,Thursday, June 22nd from 3pm-4pm ET with Henry Sommer and Angela Littiwn. This webinar will discuss recent trends in bankruptcy case law, with analysis of cases decided by the Courts of Appeals and other appellate courts. Take a look at the cases they will be discussing and make sure you Register Today!

  • Midland Funding, LLC v. Aleida Johnson, No. 16-348
  • Husky Int’l Elecs., Inc. v. Ritz, 136 S. Ct. 1581 (2016)
  • Failla v. Citibank, N.A. (In re Failla), 838 F.3d 1170 (11th Cir. 2016)
  • Lynch v. Jackson, 2017 WL 59011 (4th Cir. Jan. 4, 2017)
  • In re Adinolfi, 543 B.R. 612 (B.A.P. 9th Cir. 2016)
  • Fla. Dep’t of Revenue v. Gonzalez (In re Gonzalez), 832 F.3d 1251 (11th Cir. 2016)
  • In re Rivera, 832 F.3d 1103 (9th Cir. 2016)
  • County of Dakota v. Milan (In re Milan), 556 B.R. 922, 923 (B.A.P. 8th Cir. 2016)
  • Germeraad v. Powers, 826 F.3d 962 (7th Cir. 2016)
  • In Re Tracht Gut, LCC, 836 F.3d 1146 (9th Cir. 2016)
  • Birmingham v. PNC Bank, N.A. (In re Birmingham), 846 F.3d 88 (4th Cir. 2017)
  • In re Crawford, 841 F3 1 (1st Cir. Oct. 25, 2016)
  • DeNoce v. Neff (In re Neff), No. 14-60017 (9th Cir. June 9, 2016)
  • Spokane Law Enforce Fed. Credit Union v. Barker (In re Barker), 839 F.3d 1189 (9th Cir. 2016)
  • Anderson v. Hancock (In re: Hancock), 820 F.3d 670 (4th Cir. 2016)
  • Smith v. Capital One Bank (USA), N.A., 845 F.3d 256 (7th Cir. 2016)
  • Bazemore v. Jefferson Capital Sys., LLC, No.  15-12607 (11th Cir. July 5, 2016)

Cost of the Webinar

$25 for NACBA Member/$75 Non-Member

We Hope You Join Us!

TODAY’S #NACBASF SESSION SPOTLIGHT!

Case Law Update

Saturday, May 21st, 11:00 am – 12:30 pm

The panel will discuss recent trends in bankruptcy case law, with analysis of cases decided by the Courts of Appeals and other appellate courts.
avatar for Hon. M. Elaine Hammond
Hon. M. Elaine Hammond
United States District & Bankruptcy Court, Northern District California
United States Bankruptcy Judge
San Jose, CA
M. Elaine Hammond is a United States Bankruptcy Judge for the Northern District of California. She was sworn in on February 2, 2012. Prior to taking the bench, Judge Hammond’s practice focused on representing debtors and creditors in commercial bankruptcy cases and out-of-court restructurings. She was a partner with the San Francisco firm Friedman Dumas and Springwater LLP. Prior to joining that firm she was an associate with Murphy, Sheneman, Julian & Rogers. Judge Hammond began her legal career as a law clerk for the Judge Edward D. Jellen, now retired, also of the Northern District of California.

A native of North Carolina, she received her undergraduate degree from Duke University, and her JD with honors from the University of North Carolina School of Law.

 

Hon. Ronald Sargis
United States Bankruptcy Court, Eastern District of California Judge
Sacramento, CA

caeb.uscourts.gov/Judges/Sargis.aspx

onald H. Sargis is a Federal Bankruptcy Court Judge for the United States Bankruptcy Court, Eastern District of California. He was sworn in to the court on January 14, 2010. Sargis received his undergraduate degree from Stanford University in 1979 and his J.D. from McGeorge Law School at the University of the Pacific in 1982.Prior to joining the court, Sargis was a partner with the firm Hefner, Stark & Marois, where he worked for twenty-six years. He began his legal career as a law clerk for Judge Loren Dahl.