NACBA eNewsletter
February 21, 2023
AffiniPay
NACBA Events
 
NACBA's 31st Annual Convention: #NACBADC
April 27-30, 2023
Washington Hilton
Washington, DC
 
The full schedule and list of speakers for NACBA's 31st Annual Convention is available! NACBA's planning committee put together a convention filled with sessions, speakers and networking opportunities that practicing bankruptcy attorneys will not want to miss. Check it out!
 
NACBA's room rate at the Washington Hilton starts at $245 a night. Be sure to secure your room along with your registration.
 
Enjoy early-bird savings through Friday, March 24, 2023.
Early bird member price: $795
Non-member price: $1,049
 
The National Consumer Bankruptcy Rights Center is seeking a new Executive Director. The position will consist of remote work as an independent contractor, approximately half time, although hours may vary from month to month.
 
The National Consumer Bankruptcy Rights Center is a 501(c)(3) organization dedicated to protecting the integrity of the bankruptcy system and preserving the rights of consumer bankruptcy debtors. Created in 2010, NCBRC was founded by the Board of the National Association of Consumer Bankruptcy Attorneys to provide assistance to consumer debtors and their counsel in cases likely to impact consumer bankruptcy law. For more information, please see our website at: www.ncbrc.org
 
Duties include:
 
· Coordinating and supervising the filing of amicus briefs in appellate courts around the country, including recruiting brief writers and writing some of the briefs
· Advising consumer debtors’ counsel re appeals they have filed or are considering, including review of briefs
· Coordinating fundraising, including writing grant applications
· Overseeing efforts to educate attorneys about bankruptcy appeals, including presentations at CLE  
  programs
· Ensuring NCBRC’s web site is updated, and
· Reporting to the NCBRC Board of Directors
 
Qualifications include:
 
·  Experience in consumer bankruptcy appellate matters
·  Deep knowledge of consumer bankruptcy law
·  Excellent legal writing and verbal communication skills
·  Juris Doctor Degree and admission to and good standing in a state and federal bar, and
·  Demonstrated commitment to working on behalf of consumer debtors
 
Compensation is at an hourly rate, based on experience.
 
For a detailed job description or questions about position contact henry@henrysommer.com.
 
To apply, send a resume, two references, and one or two writing samples (preferably appellate briefs) to henry@henrysommer.com.
 
This position will remain open until filled. Applications should be submitted by March 15, 2023.
 
The National Consumer Bankruptcy Rights Center is an Equal Opportunity and Affirmative Action Employer, and encourages applications from all qualified individuals without regard to race, color, national origin, religion, sex, gender identity, sexual orientation, age, disability or veteran status, or to other non-work-related factors.
Legal Brand Marketing
Your Practice Mastered
Professional Development
 
Thursday, April 27, 2023
9 a.m. - 4 p.m.
 
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. NACBADC's Pre-con Session: Student Loan Workshop is a must attend event! Learn directly from those involved in conversations with DOJ & ED.
 
 
November 27-29, 2023
Lowes Nashville
Nashville, TN
 
The legal industry is raving about LawPay Pro.
AffiniPay®
Say goodbye to manually recording your working hours and chasing down late payments. Get all the time tracking, invoicing, and payment features you need in one tool. Plus, plans start as low as $19/month per user. In the words of a LawPay Pro test user, “With these features, at this price, purchasing LawPay Pro was a no-brainer.”
Learn more >>
Advertisement
 
Latest Bankruptcy News
The bankruptcy court properly exercised its discretion to grant an extension of stay in the debtor’s second Chapter 11 case where the case was filed in good faith as to the creditors to be stayed even though one of the creditors to which the stay applied was not served with the motion. FourWs, LLC. V. Miller, No. 21-1273 (E.D. Cal. Jan 30, 2023).
Where statements sent by the mortgage servicer listed the higher, pre-modification amount due, but specifically stated they were not an attempt to collect a debt and did not include an amount in potential late fees, the bankruptcy court erred in finding the statements were in violation of the automatic stay. Freedom Mortgage Corp. v. Dean, No. 22-1469 (M.D. Fla. Jan. 26, 2023).
PNC’s TILA obligation to provide regular statements concerning the plaintiffs’ debt resumed after the debtors received their bankruptcy discharge even though the plaintiffs’ bankruptcy case was not closed until almost four years later. Polonowski v. PNC Bank, NA, No. 20-151 (W.D. Mich. Jan. 23, 2023).
Member Benefit Highlight
  
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. NCBRC provides assistance either by working directly with debtors’ attorneys or by filing amicus briefs in courts throughout the country. Consider supporting NCBRC today!
Are you, or do you know, a legal aid attorney who would be a first time attendee at NACBA's Annual Convention? Announcing NACBA's Henry J. Sommer Legal Aid Scholarship!
 
One scholarship is available to a legal aid attorney who attends NACBA's 31st Annual Convention and is a first-time attendee at an NACBA educational program. This scholarship has been created in recognition of the extraordinary contributions to NACBA by President Emeritus Henry J. Sommer, who served on NACBA’s Board from 1992 to 2011 and as President from 2005 to 2008. The scholarship covers the registration fee ($795+) and materials for the Convention.
 
Interested candidates should submit by email a cover letter and resume to admin@nacba.com no later than Friday, March 24, 2023.
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.
Financial Software Solutions LLC -  BlueStylus
Hoglund Advertising & Analytics