NACBA's 31st Annual Convention: #NACBADC
April 27 – 30, 2023
Washington Hilton
Washington, D.C.

Date: Thursday, October 13, 2022
Time: 2:00pm - 3:30pm PT
Speakers: John C. Colwell, Erik Clark, Jenny Doling, Norma Hammes, Cathy Moran, & Ike Shulman 

NACBA Member Price: $99

NOT A MEMBER? Join NACBA & get this webinar *FREE*! Email admin@nacba.com
 
DESCRIPTION: On September 28th, California Senate Bill 1099 was signed by Governor Newsom. NACBA is very proud to be the official sponsor of SB 1099. Join NACBA's California working group as they discuss these new exemption changes as well as other California exemption changes made in the past few years. In addition, the panel will discuss California consumer legislation affecting debtors and their rights.
 
WHY YOU SHOULD ATTEND: NACBA’s California working group assisted Senator Bob Wieckowski, the bill's author, in getting these significant improvements to California's bankruptcy laws. All attorneys practicing in California, or who may have clients who may be eligible for California exemptions, should attend. In addition, this webinar will be very helpful to all members who are interested in changing the exemptions in their own state.

 

1. "Ride through" option restored for vehicles (no more repos for failure to reaffirm).
2. Homes protected from trustees selling them due to post-petition appreciation where  they had been fully protected by the homestead exemption on the petition date. Such appreciation will also be exempt.
3. Spouses living separate or apart from a non-filing spouse will no longer require a waiver from the non-filing spouse to utilize our alternate set of exemptions (which are usually more favorable for non-homeowners).
4. Increases the motor vehicle exemption to $7,500 for both sets of exemptions.
5. Creates new exemption fully exempting vehicles converted for use by a disabled debtor, spouse or dependent.
6. Creates new exemption for up to an aggregate amount up to $7,500 for accrued or unused vacation pay, sick leave, family leave or wages.
7. Creates new exemption for payments from settlement agreements arising from debtor's employment (e.g. workplace harassment).
8. Creates new exemption for alimony, maintenance and support which was not previously included in the set of exemptions which includes the homestead exemption.

Attend NACBA's Members-Only Workshop, #NACBAPR, in beautiful San Juan, Puerto Rico. Earn CLE by the beach and get the latest tips and tools to help your clients and grow your practice. It's a can't-miss program for practicing bankruptcy attorneys!
 
DATES: November 28–30, 2022
LOCATION: Caribe Hilton, San Juan, Puerto Rico
NACBA MEMBER EARLY BIRD RATE: $649
NON-ATTORNEY STAFF RATE: $549
 
*EARLY BIRD RATE ENDS OCTOBER 21!*
 
NOT A MEMBER? NACBA is offering special combo pricing that includes registration and a membership for $799! 

The bankruptcy court did not err in finding the mortgage servicer violated the discharge injunction or in awarding over $10,000 in sanctions where the servicer continued to dun the debtor for payment after the debtor had received her chapter 7 discharge and relinquished the home in a foreclosure sale. Berry v. Fay Servicing, LLC, No. 21-8005/8007 (B.A.P. 6th Cir. Sept. 9, 2022).

The creditors were not entitled to have the court vacate its order of discharge where they claimed their untimely objection was in reliance on a verbal agreement between the debtor’s counsel and the trustee to extend the deadline but the court never ordered any extension. In re Kharlanov, No. 22-70984 (Bankr. E.D.N.Y. Sept. 22, 2022).

The debtors were entitled to exempt only their one-half interest in one of the two residences where they owned both properties jointly but the husband lived in one residence and the wife lived in the other. They could avoid the creditor’s judgment lien to the extent the lien impaired those exemptions. In re Snyder, No. 21-31521 (Bankr. N.D. Ohio Sept. 23, 2022).

The bankruptcy court abused its discretion when it granted the trustee’s motion to modify the debtor’s chapter 13 plan to capture the $300.00/month the debtor saved when he refinanced his home loan where the change in the debtor’s financial circumstances was not “substantial” as a matter of law. Martinez v. Gorman (In re Martinez), No. 21-1077 (E.D. Va. June 16, 2022).

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!

The Semi-Annual Sale is back and savings are better than ever. NACBA members receive up to 70% off on Lenovo PCs, smart devices, and tablets and more, now through October 16th. Earn cash back with MyLenovo Rewards. It’s easy and free!

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.