NACBA eNewsletter
July 21, 2020
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NACBA Events
Date: December 1-4, 2020
Location: Grand Hyatt Kaua’i Resort & Spa
 
While other associations “add consumer tracks,” NACBA is the only national association dedicated to serving the professional needs of consumer bankruptcy attorneys. If you practice consumer bankruptcy and represent debtors, NACBA’s Workshop is where you grow your practice.
 
Registration for the workshop is open and you may register by mail, fax or online. NACBA’s room block rates start at just $219 a night! You can make your room reservation online or call (800) 742-2353 and mention NACBA. 
Honest Tax
Legal Brand Marketing
Featured Webinar
Online Workshop: 3 hours
Date: Thursday, August 13, 2020
Time: 3:00 PM – 6:00 PM Eastern
Cost: $99 Member / $175 Non Member
 
The panel will discuss the interaction of family law and bankruptcy including important issues concerning the planning and timing of the bankruptcy filing, strategies during a divorce and preferred language in divorce decrees. The panel will outline the general rules of dischargeability under 11 U.S.C. §§ 523(a)(5) & (a)(15), the best choice of bankruptcy chapters and latest caselaw on determining whether a divorce obligation is a “domestic support obligation.” The panel will include strategies on litigating these issues and will include examples of complaints and discovery. Further, the panel will explain how to identify the different types of obligations and how they can be addressed in a chapter 13 plan.
 
Why you should attend: You have to know whether a client’s obligation is going to be dischargeable in the bankruptcy, whether it is a priority debt, and if a priority debt, whether it has to be paid during the bankruptcy. It is crucial that you know how to litigate these issues and the cost in time and expense for your client and your firm.
Professional Development
Fillable PDFs can dramatically improve your bottom line by decreasing the turnaround time to receive information from your client while improving the accuracy of that information. Fillable PDFs are fast and easy to use, reduce/eliminate costly errors, provide 100 percent legible text, increase workflow and productivity, and are easy to update and archive. Learn from our experts how to create fillable PDFs to improve your bankruptcy practice!
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Latest Bankruptcy News
In an important win for debtors, the Ninth Circuit held that “no express provision of Chapter 13, even when viewed in the context of its broader structure, prohibits plans with estimated lengths.” In re Sisk, No. 18-17445 (9th Cir. June 22, 2020) (reported below as In re Escarcega). In an opinion in which the circuit court adopted the bulk of the debtors’ arguments, the court reversed and vacated the BAP’s holding that the Bankruptcy Code imposes an implied temporal requirement on all initial Chapter 13 plans.
Finding that “[a] bankruptcy court may confirm a plan that holds property in the estate only after finding good case-specific reasons for that action,” and signaling exasperation with the whole topic, Judge Easterbrook of the Seventh Circuit reversed the bankruptcy court’s order of confirmation of the debtors’ plan in which they opted not to have their vehicles revest in themselves post-confirmation. Cherry v. City of Chicago, No. 19-1558 (7th Cir. July 6, 2020).
The bankruptcy court had personal jurisdiction over the IRS when the debtor mailed a copy of his objection to the address given with the proof of claim in accordance with Rule 3007, rather than serving the IRS through the Attorney General as required for contested motions under Rules 9014 and 7004. Nicolaus v. United States, No. 19-1155 (8th Cir. July 6, 2020).
Member Benefit Highlight
 

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