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NACBA Calls to Restore the Student Loan Bankruptcy Discharge

Krista D’Amelio | Latest News | June 25, 2019 Today, the National Association of Consumer Bankruptcy Attorneys (NACBA) was given the opportunity to testify before the House Judiciary Committee Subcommittee on Antitrust, Commercial and Administrative Law during the hearing “Oversight of Bankruptcy Law and Legislative Proposals”. NACBA’s Vice President, Ed Boltz, as well as the…

The Student Borrower Bankruptcy Relief Act of 2019

WASHINGTON – U.S. Senators Dick Durbin (D-IL) and Elizabeth Warren (D-MA), and U.S. Representatives Jerrold Nadler (D-NY-01), and John Katko (R-NY-24) today introduced a bicameral bill that would give Americans overwhelmed by student loan debt the option of obtaining meaningful bankruptcy relief. The Student Borrower Bankruptcy Relief Act of 2019 would eliminate the section of…

What is the Automatic Stay?

The filing of a bankruptcy petition “operates as a stay, applicable to all entities, of the commencement or continuation . . . of a judicial, administrative, or other action or proceeding against the debtor . . . to recover a claim against the debtor that arose before the commencementof the case under this title ….

Do Contributions from Debtor’s Mother Constitute Regular Income to Allow for Chapter 13 Eligibility?

Yes, according to a Wisconsin bankruptcy court. The court held that the Chapter 13 debtor’s income, which consisted solely of contributions from her mother, was consistent and stable enough to qualify the debtor as an “individual with regular income” under Code § 109(e). The court held that where the mother, who lived with the debtor,…

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