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Presenters: Edward Boltz Esq., Henry Sommer Esq.
Moderated by Jim Haller Esq.
ON-DEMAND
Cost: $0 (Free) Member Benefit / $99 Non Members
What You Will Learn: On Sunday, December 27, 2020 President Trump signed the Consolidated Appropriations Act, 2021, into law. This Act makes many changes to the Bankruptcy Code, the PPP program and other amendments that will benefit many of our clients.
Our panelists will introduce and explain the numerous amendments to the Bankruptcy Code including changes to Sections 364, 365, 366, 501, 502, 503, 507, 525, 541, 547, 1191, 1225, 1325, 1328, 1329. Among many changes, these amendments affect property of the estate, discharge in chapter 13 cases when a debtor is delinquent on mortgage payments, protection of eligibility for CARES act relief, modification of chapter 13 plans, eligibility for chapter 13 business debtors regarding Paycheck Protection Program (PPP) loans and certain protections for rental property and rental property.
Our panelists will also discuss changes to the PPP loans including tax issues, additional eligible expenses, loan forgiveness, clarification of and additional limitations of eligibility, second PPP draw loans and expansion of the debt relief program for certain SBA loans.
The panel will also address the economic impact payments and unemployment assistance our clients may receive.
Why You Should Attend: The changes made to the Bankruptcy Code and PPP will affect both your clients and your firms. To best represent and advise your clients, it is necessary to be aware of these provisions, when they go into effect and their duration.
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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
$249 Members Only
What You Will Learn: On December 9, 2020 United States Senator 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. 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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Where the BAP remanded to the bankruptcy court for a finding on whether the creditor violated the automatic stay by failing to prevent the continuation of a contempt hearing against the debtor, the Sixth Circuit relied on precedent to conclude that the BAP’s order was not final and appealable. Wohleber v. Skurko (In re Wohleber), No. 19-3223/3225 (6th Cir. Nov. 18, 2020) (unpublished). In her concurring opinion, Judge Batchelder argued that the precedent relied on by the majority was erroneous and advocated for adopting a rule that “we have appellate jurisdiction if either the bankruptcy court’s judgment or the intermediate appellate judgment is final.”
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The State Treasurer’s lien based on a statute authorizing the state to seek reimbursement from a prisoner for the costs of his incarceration was not a statutory lien but a judicial lien, which the debtor could avoid as impairing his exemptions. State Treasurer v. Wigger, No. 19-732 (W.D. Mich. Nov. 16, 2020).
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All consumer and consumer bankruptcy attorneys, this is the 21st year that Ron Burdge has undertaken the herculean task of surveying consumer attorneys about their work and fees. The last published Consumer Bankruptcy Survey Report was 371 pages of detailed city and state data, that breaks down the fees that different courts allow and that attorneys charge for the various aspects of consumer rights and bankruptcy cases. There still has never been any charge for the survey reports that are published and generously posted online for everyone’s use.
Previous reports have been used in Courts nationwide to award more than $30 million in attorney fees to consumer advocates all over the country, including consumer bankruptcy attorneys. State and Federal Courts routinely rely on this report in awarding hourly fees in consumer cases. (If they aren’t using this report in your cases, you should be using it as evidence!) It is one of the primary resources that has been used to increase presumptive fees set by bankruptcy courts in Chapter 13 cases and also invaluable for attorneys in setting their fees for Chapter 7 cases. (Just answering the questions in this are a great guide to thinking about what and how much you charge for the various aspects of a case!)
Go to www.AttorneyFeeStudy.com to fill out the online questionnaire. As always, the survey does not obtain any personal information or source at all, there is no charge to participate and no charge for obtaining the published survey results. The more people that participate the more accurate and useful the data becomes. Complete this survey yourself and share it with your colleagues and encourage them to fill it out too.
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NACBA is proud to provide the NACBA Listerv through our online communities under "NACBA Connect". It continues to serve as an unparralled benefit for NACBA members to pose bankruptcy questions and get real time responses from their colleagues around the country. But sometimes there are unexpected technical difficulties.
Around December 20, 2020 many of you may have experienced a "listserv outage" and stopped receiving NACBA Community emails. Rest assure, there's a way for you to check and correct the issue.
Follow these steps:
1) Log into NACBA Connect: https://network.nacba.org/home.
2) Your username is your NACBA Account email. If you need assistance obtaining it, please contact us. You may reset your password upon trying to log in if needed.
3) Navigate to the upper right side of your screen. You will see your profile picture next to a dropdown menu. Click on "Communities".
4) Navigate to "My Account" and then "Email Preferences".
5) If you experienced an issue, you will see an error message with a "Fix" button. Click "Fix".
6) Follow any further prompts provided.
We apologize for this unexpected outage. Please contact us if further help is needed.
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