Bankruptcy Law |
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New NACBA president effective Jan. 1
Hurst, Texas attorney Carey Ebert has been named president of the National Association of Consumer Bankruptcy Attorneys (NACBA) , effective Jan. 1.
Outgoing NACBA President Henry Sommer said: “Over the past few years, NACBA has grown from 1,200 to over 3,200 members, providing assistance to hundreds of thousands of struggling families nationwide. In addition, NACBA has come to be recognized in the halls of Congress as a force of expertise and advocacy on behalf of financially-distressed Americans. I feel confident that the organization will continue to prosper and grow under Carey's leadership.”
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January 5, 2009
Bankruptcy law niche booming
The soaring bankruptcy rate is keeping lawyers busy, but veterans warn novices to do their homework before jumping into the niche.
Bankruptcy filings in federal courts jumped 30 percent for the 12-month period ending Sept. 30, its highest rate since 2005.
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January 5, 2009
Credit card payments are avoidable transfers
Debtors made avoidable, preferential transfers of assets when they used certain credit cards to make payments on other credit card accounts shortly before they filed for bankruptcy, the 10th Circuit has ruled in reversing judgment.
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January 4, 2009
Surge in older Americans filing for bankruptcy
As the economic downturn fuels bankruptcy practice across the board, attorneys who represent debtors are increasingly likely to see older Americans enter their offices.
Older Americans account for a small proportion of total personal bankruptcy filings, yet they are the fastest growing subset of filers, Black Voice News reports. About 82,000 Americans 65 or older filed for bankruptcy in 2001, up 244% from 1991, according to the Harvard Consumer Bankruptcy Project. -
December 30, 2008
Prior bankruptcy doesn’t bar Chapter 13 relief
A discharge of debts in a Chapter 13 case isn’t barred by the Bankruptcy Code’s new prohibition on the receipt of a discharge of debts within four years of obtaining relief under Chapter 7, the 6th Circuit has ruled.
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December 21, 2008
Bankruptcy provision is constitutional
A provision in the Bankruptcy Abuse Prevention and Consumer Protection Act that forbids attorneys to advise clients to incur debt prior to filing for bankruptcy is constitutional, the 5th Circuit has ruled.
The ruling creates a split with the 8th Circuit, which held that the provision was unconstitutional earlier this year.
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December 18, 2008
Debtors can claim vehicle deduction
Above-median income debtors who owned their cars can claim a vehicle ownership expense deduction when calculating their disposable income, the 7th Circuit has ruled in reversing dismissal of the debtors’ bankruptcy petition.
