NACBA eNewsletter
January 25, 2022
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NACBA Events
NACBA's 30th Annual Convention
May 19 - 22, 2022
JW Marriott Starr Pass Resort & Spa
Tucson, AZ
 
While other associations "add consumer tracks," NACBA is the only national association dedicated to serving the professional needs of consumer bankruptcy attorneys. If you practice consumer bankruptcy and represent debtors, the NACBA Annual Convention is where you grow your practice.
 
Early-Bird registration deadline is March 25, 2022!
 
Legal Brand Marketing
Your Practice Mastered
Featured Webinar
  
Date & Time: Thursday, Feb. 3, 2022
4-5 pm EST
Member Price: $25
 
Description: Today, there’s no reason your firm shouldn’t be using some technology automation to streamline tasks. In this webinar, we discuss setting up a CRM tool (Customer Relation Management) and using the CRM to manage all prospects, former clients and existing clients.
 
Why you should attend: Does your firm need more work? If so, you need to attend this session.
 
Speaker: Zachary Kitchen, C.E.O. of Digital Crisis, LLC
  
Date & Time: Thursday, Feb. 17, 2022
4-5 pm EST
Member Price: $25
 
Description: The panel will discuss and demonstrate evidentiary foundations for common exhibits and testimony. These include:
 
1. Judicial Notice of:
    a. Claims
    b. Schedules
    c. Other documents filed with the court
2. Witness testimony including:
    a. Owner’s opinion of value
    b. Expert opinion of value
3. Documentary Evidence including:
    a. Business Records (including appraisals and BPOs etc.)
    b. Public records (including tax assessments etc.)
    c. Market Reports and Commercial Publications (NADA, Kelley Blue Book, etc.)
    d. Electronic evidence (including emails, e-signed documents
 
The panel will provide templates and checklists to cover the questions necessary to get this evidence admitted.  Further, the panel will discuss how this evidence is supported by caselaw. Following this session, there will be a short Zoom session for additional questions and discussion.
 
Why you should attend: Every member must be ready to take a case to trial in order to most effectively represent the client. This panel will give essential information on how to prepare and present on the most commonly argued issues. 
 
Speakers: Sara Beth Withers, Esq. and Kristen Nardone, Esq.
Professional Development
May 19, 2022
8 am - 4 pm
Cost: $249 for convention attendees and $349 for non-convention attendees
 
CHOOSE FROM:
 
Practically Plug in Tax Resolution and Tax Preparation to Your Practice: Tax is a common debt owed by many bankruptcy clients. Tax resolution and preparation work are some of the highest dollar-per-hour services you can offer and are compatible with a bankruptcy practice. The key to success is to smoothly integrate tax into your practice. How? NACBA’s panel will describe how they have included tax services into their work. They will discuss practical steps to educate yourself, how to handle tax controversies and to identify when you should refer a problem out. Learn to identify tax resolution cases, evaluate tax transcripts, the attorney/client engagement process, how to get paid, fee structures and fee agreements, malpractice pitfalls, offers-in-compromise, installment agreements, innocent spouse relief, CNC, penalty abatement, IRS notices and critical dates. Furthermore, the panel will discuss tax preparation services you can offer your client. This all-day intensive study will provide a plan to integrate tax into your practice, forms and checklists, and other resources so you can begin to integrate tax into your firm when you are finished.
 
Increase the Value of Each Bankruptcy Case Using the FDCPA and the TCPA: The principal motivator for most clients seeking bankruptcy protection is aggressive debt collection. Bankruptcy effectively cancels this problem, but there are additional remedies for abusive debt collection. Your client may be entitled to damages and attorney’s fees for events occurring before the bankruptcy is ever filed. The panel will discuss how to identify these issues and will take a deep look into two federal consumer protection statutes: The Fair Debt Collection Practices Act (FDCPA) and the Telephone Communication Protection Act (TCPA). These statutes are used by many bankruptcy attorneys to give their clients additional relief from their creditors. NACBA’s full-day panel will explain the law underpinning these claims, and will give attendees practical steps to fold these actions into your bankruptcy practice. Further the panel will provide checklists, generic complaints and answers to common motions for summary judgment. Adding the FDCPA and the TCPA to your practice will increase the value of every bankruptcy case and benefit your client.
 
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Latest Bankruptcy News
No stay arose in the bankruptcy case as to either the debtor husband or the debtor wife, where the husband had filed and dismissed two cases in the preceding year, in which the wife had not joined, and then the husband and wife filed the present joint case. In re Koval No. 1:21-bk-11170 (Bankr. C.D. Cal. Nov. 10, 2021).
The debtor was not entitled to an award of attorney fees under a state fee-shifting provision when she prevailed on her opposition to the creditor’s time-barred claims where the bankruptcy litigation was not connected to the substance of the claims but was a procedural issue dependent on misconduct of parties or attorneys and, therefore, federal law was controlling. LVNV Funding, LLC v. Andrade-Garcia, No. 21-1115 (B.A.P. 9th Cir. Jan. 11, 2022).
Member Benefit Highlight
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. 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.
 
NCBRC provides assistance either by working directly with debtors’ attorneys or by filing amicus briefs in courts throughout the country. NCBRC also strives to impact the national conversation on bankruptcy laws and debtor rights by increasing public awareness and education and by attracting media attention to the important issues involved. Help support NCBRC today!
NACBA members receive discounted mailing services from Certificate of Service! 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.
Each NACBA member receives FREE, as part of his/her membership, access to Fastcase’s bankruptcy database, including opinions of: (i) the U.S. Supreme Court from 1 U.S. 1 to the present; (ii) the Federal Courts of Appeal from 1 F.2d 1 to the present; (iii) the Federal District Courts from 1 F.Supp. 1 to the present; and (iv) the Bankruptcy Courts from 1 B.R. 1 to the present. In addition, NACBA members are eligible to purchase Fastcase’s “Premium Plan,” which includes access to a database of opinions of the supreme courts and courts of appeal of all 50 states, at an annual rate of just $195. This is a significant discount from the non-member annual price of $995.
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