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Date: Thurs., Feb. 17, 2022
Time: 4-5 PM Eastern
NACBA 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.
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NACBA's 30th Annual Convention
May 19 - 22, 2022
JW Marriott Starr Pass Resort & Spa
Tucson, AZ
Registration is open to attend NACBA's 30th Annual Convention!
NACBA's 30th Annual Convention will be held in Tucson, AZ. #NACBAAZ is taking place at the JW Marriott Starr Pass Resort & Spa. This stunning hotel is perfect for taking in beautiful sunsets and sunrises while sitting by the fire pit catching up with your colleagues. NACBA's planning committee is busy putting together a convention filled with sessions, speakers and networking opportunities that you will not want to miss!
Early bird pricing ends March 25, 2022. Register today!
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MAY 19th, 2022 8:00 AM to 4:00 PM
Cost: $249 for convention attendees / $349 for non-convention attendees
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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The bankruptcy court erred in finding that the portion of the debtor’s interest in ongoing Trust distributions that were part of the bankruptcy estate would continue to enter the bankruptcy estate after the debtor died and the Trust was distributed to his children. In re Rens, — B.R. —-, 2021 WL 5049829 (B.A.P. 9th Cir. Oct. 29, 2021) (case no. 20-1131).
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In the absence of bad faith, post-petition appreciation does not enter the Chapter 7 estate upon conversion from Chapter 13. Rodriguez v. Barrera (In re Barrera), No. 20-1376 (10th Cir. Jan. 9, 2022). NCBRC filed an amicus brief on behalf of the NACBA membership in support of the debtor in this case.
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A judgment against the debtor based on fraudulent transfer of funds arising out of his gains in a Ponzi scheme was dischargeable where the court found that only a debt traceable to a securities law violation committed by the debtor is excepted from discharge under section 523(a)(19) and the debtor in this case was not liable for a securities violation. In re Simons, 2021 WL 5225940 (Bankr. D. Minn. Nov. 9, 2021) (case no. 4:20-bk-40631; adv. proc. no. 4:21-ap-4027).
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Learn how optimizing your customer experience and creating a delightful one is critical to grow your law firm with Ruby.
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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. NCBRC provides assistance either by working directly with debtors’ attorneys or by filing amicus briefs in courts throughout the country.
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Recommended by 50 state and more than 70 local and specialty bars, LawPay is proud to be the preferred payment partner of more than 35,000 law firms. Designed specifically for the legal industry, LawPay provides attorneys with a simple, secure way to accept online payments in their practice. LawPay understands the unique compliance and financial requirements placed on attorneys, which is why their solution was developed specifically to correctly separate earned and unearned fees, giving you peace of mind that your credit card and eCheck transactions are always handled correctly. For more than a decade, LawPay has made it as easy as possible for attorneys to receive payment for their services, and NACBA members receive a three-month free trial.
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