April 27-30, 2023

Washington Hilton

Washington, DC

 

Whether you're a new attorney or coming back into the fold after an extended break, NACBA has an exciting program to get you up to speed on everything you'll need to jump in and get to work. CLE credit will be given, but not only that, the program will cover the basics as well as more advanced aspects of a wide range of topics in bankruptcy law.

 

Time: 1:00 PM to 5:15 PM Eastern

Presenters: Rachel Foley, Esq., Kara Gendron, Esq., & Jim Haller, Esq.

 

Attend NACBA's Bankruptcy 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!

 

November 28–30, 2022
Caribe Hilton

San Juan, Puerto Rico

The district court found that the “mansion loophole” cap on exemptions provided for in section 522(p) applies even in opt-out states where the debtor does not have the option to choose between state and federal exemptions. It also held that rule 4003(b)(4) does not impose a deadline on notice to the debtor of filing an objection to exemptions. In re Kane, No. 21-8209 (N.D. Cal. Sept. 2022).

The plaintiff’s allegations of embezzlement with respect to a business debt the debtor, her ex-husband, owed to her were sufficient to withstand a motion to dismiss, where the plaintiff co-owned the business with the debtor and the debtor failed to comply with the family court’s order to set aside income from the business for the plaintiff. Bailey v. Bailey, No. 22-10013, Adv. Proc. No. 22-1001 (Bankr. E.D. Ky. Sept 26, 2022).

Does a state law permitting the government to take and sell a debtor’s home to satisfy a tax debt, and keep the surplus value as a windfall, violate the Takings Clause? That is the question before the Supreme Court in two separate cert. petitions. Fair v. Continental Resources, No. 22-160 (filed Aug. 19, 2022) and Tyler v. Hennepin Cty, No. 22-166 (filed Aug. 19, 2022). It is also the question that was recently answered affirmatively by the Sixth Circuit in the case of Hall v. Meisner, No. 21-1700 (6th Cir. Oct. 13, 2022). These cases could have significant consequences in the bankruptcy context where debtors often challenge tax sales under avoidance principles (the issue raised in another Supreme Court cert petition, County of Ontario v. Gunsalus, No. 22-294). Certainly the Sixth Circuit case adds ammunition to the Michigan bankruptcy debtor’s arsenal.

A prepetition fee agreement where the debtor agreed to have the law firm pay the filing fee postpetition at which time the debtor would reimburse the firm, was unenforceable in that it was predicated on ignoring Bankruptcy Rule 1006(a) which requires the fee to be paid when the petition is filed. In re Digregorio, No. 21-79 (Bankr. M.D. Fla.  Oct 19, 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!

Enjoy the early holiday season stress-free shopping. Now through Oct.30th, grab tech and electronic gifts under $500 for all on your list. PLUS MyLenovo Rewards members get FREE expedited delivery.