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.
NACBAAZ schedule is live! Learn more about each session, expert speakers, and networking opportunities. Register to receive the early bird rate by March 25, 2022! We look forward to seeing you in Tucson!
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DATE: Thursday, March 24
TIME:1:00pm to 5:00pm EDT
DESCRIPTION: Join our panelists for four hours of information you can put to use immediately in your practice. The workshop will cover: Caselaw update of important decisions over the past year; The most common litigation moneymakers in bankruptcy court; Fee applications in Chapter 13; and Tax and bankruptcy, a primer on how taxes can be addressed and discharged in a bankruptcy proceeding.
WHY YOU SHOULD ATTEND: You need CLE to report to the bar every year, why not get it through NACBA? Our panelists will present information that is topical and practical to assist you in your bankruptcy practice. Don't miss out hearing from our experts.
SPEAKERS: Henry Sommer, Esq., Mary Beth Ausbrook, Esq., Alyssa Maloof Whatley, Esq., Christina Henry, Esq., Christopher P. Burke, Esq., and Jim Haller, Esq.
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MAY 19, 2022
9:00am - 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
Speakers: A. Lavar Taylor, Esq., Steven L. Walker, Esq. and Najah Shariff, AUSA
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
Speakers: Brian Flick, Esq., Marc Dann, Esq. and Thad Bartholow, Esq.
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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Illinois Property Tax law provides an interest rate of 18% for tax debts where the debtor does not intend to redeem the property, even where the debt is owned by tax purchaser at the time of the debtor’s Chapter 13 petition. In re Drake, No. 21-4903 (Bankr. N.D. Ill. Feb. 23, 2022).
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Certain dollar amounts in the U.S. Bankruptcy Code will increase effective April 1, 2022, pursuant to 11 U.S.C. §104. On Feb. 4, 2022, the Judicial Conference of the United States announced and detailed these changes in The Federal Register. See Adjustment of Certain Dollar Amounts in the Bankruptcy Code, 87 Fed. Reg. 6625 (February 4, 2022).
Changes relevant to consumer bankruptcy attorneys include:
→11 U.S.C. § 109(e) (debt limits for Chapter 13):
⇒The unsecured debt cap has increased from $419,275 to $465,275.
⇒The secured debt cap has increased from $1,257,850 to $1,395,875.
→11 U.S.C. § 522(d) (federal exemptions):
⇒Section 522(d)(1) (homestead exemption) has increased from $25,150 to $27,900.
⇒Section 522(d)(2) (motor vehicle exemption) has increased from $4,000 to $4,450.
⇒Section 522(d)(3) (household goods etc. exemption) has increased from $625 to $700 for value in any particular item and from $13,400 to $14,875 in aggregate value.
⇒Section 522(d)(4) (jewelry) has increased from $1,700 to $1,875.
⇒Section 522(d)(5) (unused amounts from 522(d)(1)) has increased from $1325 to $1,475 for value in any particular item and from $12,575 to $13,950 in aggregate value.
→11 U.S.C. § 522(n) (Exemption cap for certain individual retirement accounts) has increased from $1,362,800 to $1,512,350.
→11 U.S.C. § 707(b)(2)(A)(i)(Means Test) - CMI is not less than the lesser of –
⇒Section 707(b)(2)(A)(i)(I) 25% of unsecured claims or $9,075 (up from $8,175) or
⇒Section 707(b)(2)(A)(i)(II) $15,150 (up from $13650).
⇒Section 707(b)(2)(A)(ii)(IV) (necessary dependent school expenses) has increased from $2,050 to $2,275.
⇒Section 707(b)(6)(C) (to calculate median income for family greater than 4) the amount per additional family member has increased from $750 to $825.
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Under Illinois and federal law, a pension plan that is organized in Canada does not meet the definition of a qualified retirement plan and may not be exempted from the debtor’s bankruptcy estate. In re Green, No. 21-6189 (Bankr. N.D. Ill. March 9, 2022).
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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. 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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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. NACBA Listserv participants enjoy the unparalleled ability to post both the easy and hard questions to some of the best consumer bankruptcy attorneys in the nation. This listserv, which also functions as a virtual community of people doing the same type of work, is a boon for the new practitioner as well as the most sophisticated consumer bankruptcy attorneys.
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