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Category Archives: Decisions Of Interest



Can you keep your secured property after bankruptcy so long as you continue to make payments?  In the old days (i.e., before the bankruptcy laws changed in 2005) the answer was a resounding YES.  But the new Code cast a shadow of that with the advent of Section 362(h).  For over two years, the consumer […]



In the recent case of in-re-eady.pdf, Adv. Pro. No. 07-90271-jm (S.D. Cal. 2008) the court excused a creditor’s alleged violation of the discharge injunction and granted summary judgment against the debtor. The Court found that the acts of the defendant, alleged by the plaintiff to be violations of 11 U.S.C. § 524, were conducted […]



You may not ordinarily vote in the NACBA elections. Don’t know the candidates, don’t think it’s relevant to your practice, don’t have time.
That’s why each year only 400 of the 3,000 NACBA members vote in the elections.
The result never represents the needs of the members.
This year needs to be different.
Why? Because the future […]



Creditors from time to time violate the automatic stay in bankruptcy, contacting a debtor after the case has been filed. In the case of In re Deailey, 2007 WL 4531804 (Bankr.C.D.Ill. 2007) the U.S. Bankruptcy Court was presented with a motion for default against Chase Bank USA, NA for a violation of the […]



Tonya Denise Price owed money to Navy Federal Credit Union before she filed for bankruptcy. She hired a lawyer, who contacted the credit union before as well as after the case was filed. His message was clear: do not contact my client about her debt because it is in violation of the U.S. […]