NACBA's 30th Annual Convention
May 19 - 22, 2022
JW Marriott Starr Pass Resort & Spa
Tucson, AZ
Registration for NACBA's 2022 Annual Convention is open and the schedule is now LIVE! Check out this year's exciting session offerings, expert speakers, and networking opportunities. Don't forget to download the "NACBAAZ" mobile app on the Apple App Store or Google Play.
Register today! *Early-bird savings end March 25, 2022*
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Date: Thursday, March 3, 2022
Time: 4-5:30 p.m. Eastern
Free for NACBA Members*
Description: Join our dedicated NACBA Circuit Leaders who will discuss the most important cases in you Circuit.
Why you should attend: You need to know the most recent precedents for your Circuit in order to properly advise your clients.
Circuit Leader Speakers: Kate Nicholson (1st), Susan Duke (2nd), Kara Gendron (3rd), Neil Jonas (4th), Rachel Thyre Vogeltanz (5th), Brian Flick (6th), Michael Miller (7th), Wendell Sherk (8th), Stanley Zlotoff (9th), Jill Michaux (10th), Alex Dolhancyk (11th)
*Not a member of NACBA? Visit nacba.org/membership to learn more about NABCA membership & benefits.
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MAY 19, 2022 8:00AM TO 4:00PM
JW Marriott Starr Pass Resort & Spa
Tucson, AZ
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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On February 16, 2022, NACBA, on behalf of its members and their clients, submitted comments to the Judicial Conference of the United States Advisory Committee on Bankruptcy Rules concerning the proposed amendments to federal Bankruptcy Rules & Official Forms. NACBA's comments included proposals to the restyling of Rule 4002(b)(4) and various amendments to Rule 3002.1. Read NACBA's comments in full.
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NACBA looks forward to introducing you to National Association of Attorneys General's (NAAG) Multistate Settlements Database. This searchable database contains comprehensive information related to multistate settlements between attorneys general and private entities from the early 1980s to the present. Learn more and look for featured consumer protection settlements in upcoming NACBA eNewsletters.
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In the face of a good faith challenge to the debtors’ eligibility for chapter 13 bankruptcy under section 109(e), the bankruptcy court considered evidence beyond the debtors’ schedules and conducted its own eligibility calculation. In re Beach, 2022 Bankr. LEXIS 313, Case no. 21-10762 (Bankr. D. N.M. Feb. 7, 2022).
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Deepening the split among lower courts, in McCallister v. Evans, et al., No. 20-112 (D. Ida. Feb. 8, 2022). Chief Judge Nye of the District of Idaho, held that the chapter 13 trustee is entitled to retain her commission on funds collected from the debtors even though the debtors’ case was dismissed prior to confirmation. While recognizing the split of authority, the court followed in the footsteps of the Ninth Circuit Bankruptcy Appellate Panel in favoring the language of 28 U.S.C. § 586(e)(2) and dodging the clear textual differences between section 1326(a)(2)—applicable in chapter 13—and section 1226(a)(2)—applicable in chapter 12.
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A debtor may avoid a judgment lien impairing her homestead exemption under section 522(h) even though she did not meet the requirements for lien avoidance under section 522(f). In re Garbo, No. 21-11053 (Bankr. W.D. N.Y. Jan. 27, 2022).
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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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NACBA is proud to announce the acquisition of one of the top resources for consumer bankruptcy attorneys, Exemptions Express. NACBA Member, Attorney John R. Bates of New Philadelphia, Ohio, for a years has published his website, Exemptions Express.com. He has spent hours compiling the exemption laws for all 50 states. Now with the support of NACBA, Bates will continue to update Exemptions Express and have it hosted at NACBA.org. How to access? Simple, join NACBA & log into your member dashboard to access Exemptions Express.
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