Registration is OPEN for #NACBAAZ! Register by March 25, 2022 to catch the early bird rate!

 

NACBA's 30th Annual Convention will be held at the stunning JW Marriott Starr Pass Resort & Spa in Tucson, AZ. NACBA's planning committee is busy putting together a convention filled with sessions, speakers and networking opportunities that you will not want to miss.

 

NACBA has secured the unbelievable rate of only $195 per night for Convention attendees. This rate is inclusive of the resort fee. NACBA room rates expire on Tuesday, May 3 unless rooms sell out first.

Date: Thursday, Jan. 20, 2022 

Time: 4-5 p.m. Eastern

 

Description: The panel will discuss 1) The current state of national exemptions; 2) Unusual exemptions that apply to your cases that may advantage your clients; The effect of claiming federal exemptions on asserting state exemptions. 

Why you should attend: Don't get caught missing an important exemption that is not found in the Bankruptcy Code or the exemption chapter in your state's code.  

Speakers: Erik Clark, Esq. and Kara Gendron, Esq.

The Chapter 13 debtor was entitled, under Oregon’s reciprocal fee statute, to recover attorney fees for successfully defending a motion for relief from stay where the motion required interpretation of the terms of the motor vehicle lease. In re Gilgan, 2021 WL 4047463 (Bankr. D. Or. Sept. 3, 2021) (case no. 19-32009).

The Chapter 13 debtor was entitled to discharge despite the fact that she had incurred but not paid fees and assessments under her mortgage contract while she was paying the mortgage outside the plan, where the creditor had not sought payment of those fees and assessments prior to plan completion. In re Brown, — B.R. —-, 2021 WL 4480832 (Bankr. D. S.C. Sept. 15, 2021) (case no. 16-4122).

The debtor’s faxed copies of the IRS adjustment to his federal taxes did not constitute a “return” within the meaning of section 523(a)’s hanging paragraph because the California law process with which his faxes complied was not “similar” to 26 U.S.C. § 6020(a), which authorizes the IRS to prepare a tax return when a taxpayer fails to do so. Sienega v. Calif. Franchise Tax Bd., No. 20-60047 (9th Cir. Dec. 6, 2021).

The debtor’s tax refund consisting of her Earned Income Tax Credit (EITC) and Additional Child Tax Credit (ACTC) falls under the category of “public assistance” within the meaning of Washington’s exemption law and is therefore exempt from distribution to creditors in bankruptcy. Ellis v. Moreno (In re Moreno), No. 21-1124 (B.A.P. 9th Cir. Dec. 23, 2021) (unpublished).

Belonging to NACBA, the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy, provides you with the information and resources you need to advance your career and enhance your quality of service. One of the most popular features of NACBA membership is the ability of NACBA members to pose bankruptcy questions and get real-time responses from their colleagues around the country through NACBA Connect.

NACBA Connect functions as a virtual community and as a listserv where participants enjoy the unparalleled ability to post both the easy and hard questions to some of the best consumer bankruptcy attorneys in the nation.

Learn how to grow your business with virtual receptionists.

 

Ruby is your all-in-one caller-impressing, privacy-protecting, experience-creating team. Their optional features include appointment scheduling, bilingual answering, outbound calling and more! NACBA members receive 5% off services.

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.

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.