NACBA's December Webinar Sale ends 12/31! Don't miss this opportunity to get 50% off ALL RECORDED webinars using code WEBINARS-BK2020 at checkout!
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Presenters: Ed Boltz, Esq., John Colwell, Esq., Norma Hammes, Esq., Matt Mason, Esq., John Rao, Esq., Ike Shulman, Esq. and Henry Sommer, Esq., moderated by Jim Haller, Esq.
ON-DEMAND
$199 Members Only
What You Will Learn: On Dec. 9, 2020, U.S. Sen. Elizabeth Warren (D-Mass.) and House Judiciary Committee Chairman Jerrold Nadler (D-N.Y.) introduced the Consumer Bankruptcy Reform Act of 2020, bicameral legislation to simplify and modernize the consumer bankruptcy system to make it easier for individuals and families forced into bankruptcy to get back on their feet.
The Consumer Bankruptcy Reform Act will make major changes to the Bankruptcy Code. Among other amendments, it will:
-Replace chapter 7 and chapter 13 bankruptcies with a single system.
-Allow for discharge of student loans.
-Allow discharge before completion of payment plans.
-Allow choice of state or new federal exemptions, which includes a new homestead floor.
-Assist renters with back rent to avoid eviction.
-Allow discharge of local government fines.
-Exempt sources of income and assets traceable to alimony, child support income, the child tax credit, and the Earned Income Tax Credit (EITC).
-Crack down on predatory practices and hold corporate wrongdoers accountable by banning collection of debts that violate consumer protection laws, allowing lawsuits against creditors that attempt to collect previously discharged debt, and preventing creditors from pursuing consumers in mandatory arbitration.
-Allow cram-down and extended re-amortization of home mortgages.
-Create a minimum federal homestead exemption.
The members of NACBA’s Legislative Committee will discuss the major changes proposed in the Act and how they will affect consumers and attorneys. NACBA’s Legislative Committee has spent hundreds of hours reviewing the proposed changes in the Act and are ready to share their analysis with NACBA Members.
Why You Should Attend: You must know about the significant changes to the practice of bankruptcy law that have been proposed. These changes will affect all aspects of your practice and the advice you give to your clients.
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Presenters: Rachel Foley, Esq., Cathy Moran, Esq. and Gene Melchione, Esq.
ON-DEMAND
$99 Member / $199 Non-Member
What You Will Learn: Join our panelists for the first of NACBA’s quarterly workshops focusing on issues and suggestions to improve the business of the practice of law.
In our inaugural workshop, we will be addressing staff choice/selection and training, firm administration and profitability, considerations for using coverage counsel, adding value to your cases including hidden gems, and emerging technologies to make your practice more efficient.
Why You Should Attend: Our panelists will be sharing their expertise and experience in successfully running their own firms for decades. You will be able to ask questions and interact with them and get those pesky questions answered
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Where the debtor was subject to a state court judgment cutting off his right to cure the default on an installment land contract, he had no interest in the property despite his continued unlawful possession and, therefore, the bankruptcy court erred in confirming the debtor’s chapter 13 plan that provided for payment of the default judgment. In re Peralta, No. 20-2380 (E.D. Pa. Dec. 4, 2020).
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Finding that the debtor’s string of very bad luck unrelieved by his concerted efforts to increase his earnings, satisfied the Brunner test, a bankruptcy court granted him a partial discharge of his student loan, reducing the debt from $440,000 to $8,291.67. Koeut v. U.S. Dept. of Ed., No. 12-7242, Adv. Proc. No. 18-90130 (Bankr. S.D. Cal. Dec. 4, 2020).
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Declining to extend its 2002 holding in Walls, the Ninth Circuit found that a chapter 13 debtor who fully paid the creditor’s claim prior to completion of his plan was not precluded from pursuing an FDCPA claim based on the creditor’s post-discharge collection efforts. Manikan v. Peters & Freedman, L.L.P., No. 19-55393 (9th Cir. Nov. 25, 2020).
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The debtor was not permitted to convert from chapter 7 to chapter 13 post-discharge but prior to administrative closure of his case where the court found the attempted conversion to be an abuse of process and his conduct in his chapter 7 case to indicate bad faith. In re Chamoun, No. 20-5069 (C.D. Cal. Dec. 2, 2020).
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NACBA and Certificate of Service have teamed up to offer NACBA members discounted mailing services! Every user of the NACBA/COS mailing system gets the benefit of reduced pricing on per page copy costs, reduced postage, as well as the same reliability and timeliness of the Certificate of Service mailing system.
The bankruptcy code requires regular first class service by mail and in some cases, certified mail, under Fed. Rule. Bankr. Proc. 7004. Failure to properly service your bankruptcy documents can result in, at best, delayed hearings and the costs of reservice. At worst, it can mean the loss of a critical motion, dismissal of a case, or worse for both you and your client. Rule 7004 satisfies the requirements of due process in the bankruptcy realm. Use a company that allows you to ensure your practice remains in compliance with the appropriate rules.
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