May 19 - 22, 2022
JW Marriott Starr Pass & Resort
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.
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Date: Thursday, June 23, 2022
Time: 4:00-5pm Eastern
Description: Join fellow NACBA member Cort Walker of the Sasser Law Firm as he discusses his successful case to sanction a medical provider for including Personally Identifiable Information (PII) in their bankruptcy claims.
Why you should attend: The inclusion of Personally Identifiable Information is a persistent problem that usually takes uncompensated time to correct. You need to know how to litigate this type of problem, gather and demonstrate pattern and practice evidence, and present the argument to your court to correct creditors who routinely violate Rule 9037.
Speaker: Cort Walker
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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
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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An employment contract between the debtor and his ex-spouse where the ex-spouse’s only responsibilities were to assist the debtor in family matters, was in the nature of domestic support and was entitled to priority treatment in the debtor’s Chapter 7 bankruptcy. In re Wibracht, No. 21-50477 (Bankr. W.D. Tex. March 31, 2022).
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In a consolidated opinion, the Bankruptcy Court for the District of Massachusetts held that the “equal payment provision of § 1325(a)(5)(B)(iii) is best read to prohibit confirmation of a sale plan, over the objection of a secured creditor holding a mortgage of a principal residence, that contemplates periodic payments followed by a lump-sum payment.” In re Materne, No. 20-40027, and In re Gnaman, No. 19-40930 (Bankr. D. Mass. April 7, 2022).
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The debtors were entitled to discharge despite their failure to disclose an asset where the trustee moved for dismissal for bad faith after the debtors completed all their plan payments but before they had received their discharge. In re Frank, No. 18-12812 (Bankr. D. Colo. March 30, 2022).
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The City’s possessory lien on the Chapter 7 debtor’s vehicle was judicial rather than statutory and could therefore be avoided under section 522(f). City of Chicago v. Mance, No. 21-1355 (7th Cir. April 21, 2022).
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The debtor stated a claim for turnover of the fair market value of a vehicle where the creditor repossessed the vehicle post-petition but prior to the expiration of section 108(b)’s extension of time to redeem or cure a default. Milledge v. Carolina Acceptance, No.21-2968, Adv. Proc. No. 22-80001 (Bankr. D. S.C. April 7, 2022).
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NACBA and Certificate of Service have teamed up to offer NACBA members discounted mailing services! 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. Access this member exclusive discount by logging into NACBA.org, clicking Member Dashboard, then clicking the Certificate of Service logo.
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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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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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NACBA Events
