As Chairperson of the National Association of Consumer Bankruptcy Attorneys (NACBA) 2010 Fall Members-Only Workshop, I am really excited about this year’s event! It will be held November 5 and 6,2010 in San Juan, Puerto Rico. I believe we have created a fabulous Workshop to meet all levels of experience from the beginner to the advanced [...]
September 2010
Two bankruptcy related issues are impacting Georgia’s gubernatorial race and could be the deciding factor in a close race this November. Republican candidate Nathan Deal is facing increasing scrutiny about both his personal finances as well as two Chapter 7 cases filed by his daughter and son-in-law.
The debtor files a Chapter 13 and can’t afford to pay the amount necessary each month to make his plan payments. But the debtor does have some land that he can sell that will pay a substantial amount of his plan base. So what does the debtor do? He proposes small payments during the first [...]
Bankruptcy can discharge income tax if certain conditions are met. One required condition is that returns must have been filed. Some bankruptcy courts have recently taken the position that a return filed after the statutory deadline does not qualify as a return for the purpose of bankruptcy discharge. The bankruptcy court for the northern district [...]
The average consumer debt collector employee places 200 collection calls per day or 50,000 calls per year! How do they make so many calls? Most use a technology known as autodialing, even though the use of an autodialer by a collector often violates the Telephone Consumer Protection Act (TCPA). The penalty for violating the TCPA [...]
In March of this year, the United States Supreme Court ruled in Milavetz v. United States that provisions of the Bankruptcy Code regulating attorneys in bankruptcy cases are constitutional. The Court found that bankruptcy lawyers must make certain disclosures required by Congress and must include the specific language that the lawyer is a “Debt Relief [...]
