NACBA eNewsletter
September 2, 2025
LegalPro Systems, Inc.
Monthly Member Alert
 
Case: Jencks v. AgVantage FS (In re Jencks)
Date: 8/12/2025
 
Holding: The Bankruptcy Appellate Panel reversed the bankruptcy court’s denial of the Debtors’ motion to avoid a judicial lien and dismissal of their adversary proceeding, holding that the bankruptcy court erred in its findings regarding the homestead exemption and improperly dismissed Debtors’ claims without applying the presumptions afforded to them. The case was remanded for further proceedings.
 
Case: In re Holtzen
Date: 8/12/2025
 
Holding: The court dismissed the debtor’s Chapter 13 case because he lacked sufficiently stable and regular income to fund a Chapter 13 plan, as required under 11 U.S.C. § 109(e) and § 101(30).
NACBA Events
 
NACBA's Members-Only Fall Workshop
October 13-15, 2025
Dallas, Texas
 
Y’all ready for a Lone Star-sized experience? During this year’s Members-Only Workshop, we’re taking the fun outside the classroom and heading to the biggest (and most iconic!) state fair in the country — The State Fair of Texas!
 
Join your fellow NACBA members on Sunday, October 12 at 3PM for a group photo in front of Big Tex — the 55-foot-tall cowboy and legendary symbol of the fair. Come early, stay late — it’s up to you — but don’t miss the photo op!
 
IMPORTANT: Tickets are NOT sold through NACBA — you must purchase your fair tickets in advance at bigtex.com/buy-tickets-new
 
Join NACBA's BIG Group Event during our Members-Only Workshop! 
 
PracticePanther, LLC
8am!
Featured Webinar
  
Date: Thursday, September 4, 2025
Time: 3:00pm - 4:30pm ET (90 minutes)
Speakers:  Rachel Foley, Folely Law, PC; and Jen Lee, Lawyer Success Network
 
Member Price: $35
Non-member Price: $135
 
Description: This panel will dive into the various issues that arise when dealing with a dismissal,
discharge, or conversion. What can you discharge in a chapter 13 that you cannot
discharge in a chapter 7?
 
1. Can you file another bankruptcy even if you’re not eligible for a discharge?
2. What are the “file date to file date” time frames for filing a new case when the
debtor has filed a prior case?
3. What are the elements of the various 523 non-dischargeable debts?
4. What’s the different between a 707 dismissal and a 7272 dismissal or denial
of discharge?
5. What malpractices traps does counsel face when converting a case from
chapter 13 to chapter 7.
     a. Loss of a lienstrip or cramdown
     b. Problems with auto loans that were being crammed down through the
plan
    c. Assets values appreciated during the chapter 13 plan may not be
exempt
    d. Converting a 13 to a 7 when the debtor was not eligible for a discharge
under chapter 7.
    e. Were there assets debtor was trying to protect in the 13 that could
now be liquidated in a 7 if converted.
6. Absolute right to dismiss chapter 13.
7. Risks in dismissing chapter 13 cases
Professional Development
 
NACBA's Bankruptcy Software Bonanza featured an invaluable webinar tailored specifically for bankruptcy attorneys looking to grow their practice through effective Google Ads management. David Chapman with Webrageous had the privilege of kicking off the session, sharing key strategies to maximize leads and lower your advertising costs.
 
By watching this presentation, you will learn how to:
1. Significantly increase quality leads using optimized Google Ads campaigns
2. Adapt to upcoming changes in cookies and tracking to maintain lead accuracy
3. Test multiple campaigns and campaign types for better results
4. Utilize expert insights from Webrageous, who offers a unique guarantee of signing 10 new bankruptcy clients within 30 days of running their ads. They are also launching a new pay per lead model.
 
Please note, access to the webinar requires a fee, but the investment could transform how your practice attracts clients online. For more details and to explore Webrageous’ special offer, don’t hesitate to reach out to their team directly.
 
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Latest Bankruptcy News
In Cohen v. Garcia-Morales, No. 24-1384 (10th Cir. Aug. 19, 2025), the Tenth Circuit addressed whether a Chapter 7 debtor’s federal tax refund, traceable to a refundable child tax credit, must be turned over to the bankruptcy trustee. Affirming both the bankruptcy and district courts, the panel held that the refund was wholly exempt under Colorado law.
Member Benefit Highlight
Enjoy the fruits of your labor and save up to 25% on Lenovo systems and accessories. Sweeten the deal, earn My Lenovo Rewards. Now through September 7.
 
Earn BIG with MyLenovo Rewards
Sign up and earn rewards for future purchases. Plus, you’ll receive expedited delivery at no extra cost! Rewards are available to redeem 30 days after an order is shipped. For Lenovo Pro members, rewards are available to redeem 45 days after an order is shipped.*
*Rewards cannot be earned or redeemed on Lenovo Managed services, Deployment services, or Software Subscriptions. Monthly giveaway not eligible for Quebec
Save up to 43% OFF select major appliances and FREE DELIVERY on orders over $299*
Save an additional 5%† with code SALE5.
*Offer valid 8/21/25 – 9/10/25. See Store for details.
NACBA continues to provide you with complementary access to vLex Fastcase’s award-winning legal research platform—one of the most valuable member benefits available to you.
 
This September, we’re promoting training sessions designed to help you extract the full value of the platform NACBA has secured for its members. Register below! 
 
General Overview Webinar (1 hour)
This comprehensive session guides you through vLex Fastcase’s cutting-edge features and practical search strategies, ensuring you’re leveraging every capability.
● Date & Time: September 9, 2025 at 2:00 PM ET