April 27-April 30, 2023

Washington Hilton

Washington, DC

 

Description: Join fellow NACBA member David Cox who will discuss bifurcation or factoring of attorney's fees in Chapter 7 cases. He will review the different models for bifurcation and factoring fees and the relevant caselaw. Along with this analysis, he will discuss the potential pitfalls to debtors' attorneys and their clients and possible alternatives.
 
Why you should attend: You absolutely need to attend this webinar if you are considering bifurcation or factoring your fees. You must know the risks to your practice and your relationship with your clients to avoid potential problems.
 
Speaker: David Cox, Esq.

NACBA's Members-Only Workshop
November 28 - 30, 2022

Caribe Hilton

San Juan, Puerto

 

NACBA’s Members-Only Workshop is set to take place this November 28 - 30, 2022 at the beachfront Caribe Hilton in San Juan, Puerto Rico. The hotel is only minutes from the SJU Airport and a quick Uber ride to Old San Juan. It's the perfect setting to relax by the beach, take in some night life, explore great restaurants and historic sights. Most importantly, you will get the latest tips and tools to help your clients and grow your practice. NACBA's Workshop Planning Committee is busy putting together a can't miss program!
 
Registration & NACBA room block rates are OPEN! Be sure your membership is current. This is a members-only event. Non-attorney staff of members are permitted to attend.

In a nice win for long-time NACBA member, Greggory Colpitts, the Bankruptcy Court for the Southern District of Oklahoma declined to place a prospective order requiring all Chapter 13 debtors to submit annual tax returns and updated schedules I and J where the Code and local rules provide for annual filing of tax returns with the bankruptcy court, and section 521(f) requires debtors to file further financial information upon request by the trustee. In re Williams, No. 18-80539 (Bankr. S.D. Okla. July 5, 2022).

The bankruptcy court erred in permitting the debtors to modify their Chapter 13 plan to deprioritize the State of Wisconsin’s claim based on a public assistance overpayment, where the only authority for such modification would come from Rule 60(b)(1) and the debtors sought the modification too late to rely on that Rule. In the Matter of Terrell, No. 21-3059 (7th Cir. July 12, 2022).

Where the debtor filed her second Chapter 13 petition while her first case was still pending, the automatic stay was not reduced by section 362(c)(3) but, without regard to the debtor’s intent, the second case was an abuse of process and the court could dismiss sua sponte after notice and a hearing. In re Giles, No. 22-14494 (Bankr. S.D. Fla. July 15, 2022).

A state court judgment for breach of contract was dischargeable in the debtor’s Chapter 7 bankruptcy where the breach occurred when the debtor, acting as Power of Attorney for her mother, entered into a contract with her mother’s nursing home and, acting upon advice from her mother’s legal counsel, failed to comply with its terms. The court found the debtor was not a fiduciary with respect to the nursing home and did not act with willfulness or malice. Presbyterian Home for Central NY, Inc. v. DeFazio, No. 20-80009 (June 23, 2022).

Summer is here and whether you’re traveling for business or pleasure, use your A715021 Avis and Budget Car Rental Savings Program to get you where you need to go. Members can book online and save up to 35% off with Pay Now rates. Explore additional offers like complimentary upgrades or enroll in Avis Preferred® or Budget Fastbreak® to skip the line and enjoy expedited service. You’ll also receive reward points for every qualifying dollar you spend.

 

Click learn more & use your Avis Worldwide Discount (AWD) number A715021.

 

Want more ways to save? Text: NACBAABG to 833-344-0228 and receive exclusive limited time offers.

Each year, millions of individuals and families across the country struggle to pay their bills. Bankruptcy may provide these debtors with the opportunity for a fresh start. 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.

 

Support NCBRC today!

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.