NACBA eNewsletter
December 9, 2025
LegalPro Systems, Inc.
Monthly Member Alert
 
Can a Bankruptcy Court Constitutionally Award Punitive Damages in a Non-Core Adversary Proceeding Without a Jury?
Case: In re Minarik
 
Jurisdiction: Bankr. E.D. Pa.
Date: 11/17/2025
 
Holding: The court held that bankruptcy courts may impose punitive damages for willful violations of the automatic stay because the public rights exception to the Seventh Amendment applies. However, although the debtor suffered emotional distress, the creditor’s conduct was not egregious enough to justify punitive damages.
 
NACBA Case Law Updates are an exclusive members-only benefit designed to keep you informed on the latest developments impacting consumer bankruptcy practice. To access all recent monthly updates, simply sign in to your NACBA account. We also extend our appreciation to Jim Haller, Executive Director of NCBRC, who authors these valuable updates for our members.
 
NACBA Events
 
5 Reasons You Can’t Miss NACBA’s 34th Annual Convention
There’s no substitute for the NACBA Annual Convention. You’ll get:
 
1️⃣ Expert-led sessions on today’s toughest consumer bankruptcy issues
2️⃣ Hands-on strategies from top litigators and judges
3️⃣ CLE credits
4️⃣ Unparalleled networking with bankruptcy professionals nationwide
5️⃣ New insights to strengthen your client advocacy 
 
Early bird savings end December 31!
 
8am!
Featured Webinar
 
Register for NACBA/NACA's December Joint Webinar- Free for NACBA Members!
Webinar Title: Consumer Laws Trends in Bankruptcy Cases
 
When: Thursday, December 11
Time: 2:00–3:00 PM ET
 
Bankruptcy practices are loaded with potential consumer claims-you just have to know where to look. Litigation attorneys can partner with bankruptcy practitioners to handle consumer claims. Bankruptcy attorneys can partner with litigation attorneys so that they have an experienced litigator to whom they can refer to potential consumer claims. In short, this situation is a win/win/win for the client, the bankruptcy attorney and the litigation attorney.
 
What You’ll Learn:
1. What are common consumer claims found in bankruptcy cases
2. Where to find consumer claims in bankruptcy cases
3. How to set up a referral or co-counseling relationship
 
Speakers:
-Cliff Carlson – Sole practitioner focusing on consumer debt and consumer rights, handling FDCPA and FCRA cases across GA, OH, TX, and AL. 
-John Steinkamp – Indianapolis attorney specializing in consumer bankruptcy and litigation, with 650+ FDCPA cases and extensive trial experience.
 
*Special Benefit for NACBA Members: As a co-sponsor of this event, NACBA members can attend the live webinar at no cost!
 
Professional Development
 
MARK YOUR CALENDAR FOR NACBA IN MAUI!
NACBA's Members-Only Workshop 2026
October 10-12, 2026
Wailea Beach Marriott
 
NACBA members, mark your calendars for our 2026 Members-Only Workshop in beautiful Maui! Stay tuned for more details on programming, registration, and travel information—this is an event you won’t want to miss.
 
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Latest Bankruptcy News
Michigan Court of Appeals Orders Presentation of Passed Bills, Including Critical Bankruptcy-Exemption Modernization Measure
In a significant constitutional and consumer-protection decision, the Michigan Court of Appeals held that nine bills duly enacted by both chambers of the Legislature—including HB 4901, the long-awaited modernization of Michigan’s bankruptcy exemptions—must be presented to the Governor for consideration. The opinion, released October 27, 2025, reverses the Court of Claims and directs issuance of a writ of mandamus compelling presentment.
Ninth Circuit to Address Scope of § 524(i) and Discharge Remedies in Valdellon v. Wells Fargo
The Ninth Circuit is poised to address a set of important issues at the intersection of Chapter 13 practice and discharge enforcement in Valdellon v. Wells Fargo. The appeal challenges how § 524(i) applies when a mortgage servicer fails to honor the cure-and-maintain structure of a confirmed Chapter 13 plan and asks whether emotional-distress damages remain available as a contempt remedy after Taggart v. Lorenzen. The outcome will directly affect the reliability of Notices of Final Cure, the finality of the discharge order, and the remedies available to protect debtors from unlawful post-discharge collection efforts.
Member Benefit Highlight
 
NACBA Wants YOU: Become a Mentor
As an experienced practitioner, you have the ability to make a meaningful impact. By becoming a mentor, you can help guide the next generation of consumer bankruptcy attorneys while strengthening the future of our profession.
 
Why Become a NACBA Mentor?
• Give Back to the Profession – Share your hard-earned insights, strategies, and lessons learned.
• Expand Your Network – Connect with emerging attorneys from across the country.
• Be Recognized as a Leader – Contribute to the development and success of our professional community.
• Experience Personal Fulfillment – Make a difference in both an attorney’s career and the clients they serve.
 
How It Works:
Mentors are paired with mentees based on practice area, geography, and goals. Meetings can take place over phone, Zoom, or in person—whatever works best. NACBA provides prompts, resources, and guidance to help support the relationship.
 
Your leadership could be transformative for someone entering the field. We hope you’ll consider becoming a NACBA Mentor!
 
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