SAVE THE DATES and join us in Tucson, Arizona at the stunning JW Marriott Starr Pass Resort & Spa for the return of NACBA's in-person Annual Convention! #NACBAAZ kicks off on Thursday, May 19 and concludes on Sunday, May 22, 2022.
JW Marriott Starr Pass Resort & Spa
3800 W. Starr Pass Blvd
Tucson, AZ
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Date & Time: Thursday, Dec. 9, 2021 | 3-5 p.m. Eastern.
Description: The panel will discuss the current state of the law concerning payment of Chapter 7 fees before and after filing. The panel will also present data on updated attorney’s fees in Chapter 13 cases and methods to ask your court for an increase in fees. Also, the panel will review method of how to get paid prior to secured creditors and for work performed at the end of the case. In addition, the panel will briefly review additional work you may be able to perform for your clients that should result in a higher fee per case. The panel will be followed by a break out Zoom discussion to ask additional questions and share information with other members.
Why You Should Attend: Don't become a client. Cash flow is the biggest challenge for most bankruptcy practitioners. This workshop will provide practical information to increase your return on investment of your time and advice.
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Where tax liens are specifically excepted from the debts to which a debtor’s exempt property cannot be liable, the debtors here could not exercise the trustee’s avoidance powers under section 522(h) to avoid their tax debt, nor could they benefit from the trustee’s successful avoidance action. Hutchinson v. IRS, No. 19-60065 (9th Cir. Oct. 19, 2021).
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The county’s tax foreclosure sale of the debtor’s real property was avoidable as a fraudulent conveyance, and the debtor’s annuity was properly excluded from the calculation of the debtor’s insolvency for avoidance purposes where the creditor failed to object to the debtor’s claim of exemption with respect to the annuity. DuVall v. County of Ontario, NY, No. 21-6236 (W.D.N.Y. Nov. 9, 2021).
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The Supreme Court’s decision in City of Chicago v. Fulton, 141 S. Ct. 585 (2021), effectively overruled Ninth Circuit precedent to the effect that a creditor has an affirmative obligation to return pre-petition funds to a debtor even if those funds are held by a third party. Therefore, when the creditor here stayed its garnishment action and acquiesced to release of funds by the debtor’s bank, it maintained the status quo and fulfilled its automatic stay obligations. Stuart v. City of Scottsdale, No. 21-1063 (B.A.P. 9th Cir. Nov. 10, 2021).
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Each year, millions of individuals and families across the country struggle to pay their bills. Often financial distress follows on the heels of other unanticipated events such as job loss, divorce, substantial out-of-pocket medical expenses and natural disasters. Bankruptcy may provide these debtors with the opportunity for a fresh start. The Bankruptcy Code grants financially distressed debtors certain rights that are critical to the proper functioning of the bankruptcy system as a whole. However, bankruptcy debtors, lacking both financial resources and exposure to the bankruptcy system, often do not have the ability to protect the integrity of the bankruptcy system and preserve the bankruptcy rights of consumer debtors more generally. The National Consumer Bankruptcy Rights Center (NCBRC) was created to fill that vacuum.
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NACBA would appreciate your feedback to assist us in creating a useful member report that benchmarks all areas of the consumer bankruptcy practice. Your participation is important. Please fill out NACBA's 2021 Member Survey by Jan. 15, 2022.
To thank you for your participation, NACBA will extend free registration to an upcoming webinar in January 2022.
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Now through the end of the year, NACBA Members can receive an additional $50 off their first three months of Ruby's live virtual receptionist services with the promo code PARTNER50 on top of their 5% discount.
Just use PARTNER50 when signing up with this promotion!
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NACBA Events
