Due to the global COVID-19 (Coronavirus) pandemic, the National Association of Consumer Bankruptcy Attorneys (NACBA), has made the necessary decision to cancel the NACBA 2020 Members Only Workshop, scheduled for December 1-4, in Kauai, Hawaii.
This event has been rescheduled (same hotel, same island location) for November 30 – December 3, 2021.
Protecting the health, safety, and well-being of our members, attendees, and ultimately debtors is paramount, and serves as the reason for our decision to cancel the NACBA 2020 Members Only Workshop. Put simply, canceling the NACBA Workshop is the right thing to do during this historic time.
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Save the dates for NACBA's 29th Annual Convention taking place at the Walt Disney World's Swan & Dolphin Hotel!
May 13-16, 2021
Orlando, FL
#NACBAMCO
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Online Workshop: 3 hours
Date: Thursday, August 13, 2020
Time: 3:00 PM – 6:00 PM Eastern
Cost: $99 Member / $175 Non Member
*All registrants receive CLE Certificate of Completion. All webinars are recorded & available on-demand.
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.
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Duration: 3 hours
Date: ON-DEMAND
Cost: $99 Member / $175 Non Member
*All registrants receive CLE Certificate of Completion.
The panel discusses the current law and cutting edge practices to 1) address student loans in chapter plans, 2) arguments to pay the student loan directly, 3) new interpretations of the Brunner discharge standard. The panel will have materials including 1) briefs in support of different treatment of student loans, 2) in support of revisiting the Brunner standard.
Why take this workshop: You want to be able to offer your clients the best remedies in bankruptcy to help with their student loans.
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The discharge injunction does not prohibit a lienholder from seeking value for release of its lien so long as, under the specific facts of the case, its conduct is not an improper attempt to coerce repayment of the discharged debt. Bentley v. OneMain Financial Group, No. 19-8026 (B.A.P. 6th Cir. July 8, 2020).
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In a lengthy decision addressing a challenge to its order reopening the debtor’s chapter 13 case, a Bankruptcy Court for the District of South Carolina found that the debtor had no duty under the Bankruptcy Code or Rules to disclose a lawsuit that accrued and was filed post-confirmation. In the face of a judicial estoppel defense raised by the Defendants in the debtor’s state personal injury lawsuit, the court stated, “[w]ithout such a duty or knowledge that one existed, Debtor cannot be found to have acted intentionally to mislead this Court.” In re Boyd, No. 13-2924 (Bankr. S.C. July 17, 2020).
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NACBA and National Consumer Law Center (NCLC) on Wednesday, July 29th hosted a Congressional and expert panel featuring Senator Dick Durbin (D-IL), Senator Sheldon Whitehouse (D-RI), Congresswoman Zoe Lofgren (D-CA), and Chief Economist at Moody’s Analytics Dr. Mark Zandi calling on Senate to prioritize bankruptcy protections to help families and small business owners in upcoming bills, several of which were included in the House-passed HEROES Act.
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LawPay is proud to be recommended as a member benefit by the National Association of Consumer Bankruptcy Attorneys and the preferred payment partner of more than 35,000 law firms. Recommended by 50 state and more than 70 local and specialty bars, LawPay was developed specifically for attorneys with the input of state bars and their ethics committees to ensure that earned and unearned fees are properly separated and that IOLTA accounts are protected against any third-party debiting.
For more than a decade, LawPay has made it as easy as possible for attorneys to receive payment for their services, and NACBA members receive a three month free trial.
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