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
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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.
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NACBADC Pre-con Session: Student Loan Workshop
Thursday, April 27, 2023
9 a.m. - 4 p.m.
Convention Attendee Price: $249
In November of 2022, the Department of Justice and Department of Education released new guidance for stipulating to the discharge of federal student loans in bankruptcy. These new guidelines direct DOJ attorneys to stipulate to the facts demonstrating that a debt would impose an undue hardship and recommend to the court that a debtor’s student loans be discharged under certain circumstances under a much less draconian standard and on a much more predictable basis.
NACBA, with its allies including NCLC, have been working for 4 + years with the Departments of Education and Justice on this reimagined and liberalized guidance for the application of the Brunner Test. This is the most significant change regarding student loans and bankruptcy since 2005, when private student loans were made nondischargeable. And NACBA has been the leader fighting for this change.
This all-day seminar, taught by the preeminent legal experts in student loans, including those that were INSTRUMENTAL in the drafting and adoption of these guidelines, will cover all aspects of student loans.
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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.
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The chapter 7 trustee was bound by the chapter 13 trustee’s pre-conversion concession that the creditor’s liens were valid, and therefore the chapter 7 trustee could not prevent the creditor from receiving the proceeds from the sale of the property securing the liens. In re Hillis, No. 20-70372 (Bankr. M.D. Ga. Jan. 11, 2023).
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A mortgage creditor who accepted the debtor’s plan could not late object to confirmation of an amended plan that contained the same terms with respect to that creditor. In re Ritter, No. 22-40120 (Bankr. S.D. Ill. Feb. 2, 2023).
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SCOTUS determined that section 523(a)(2)(A), which excludes from discharge debts incurred by fraud, applies to innocent partners of the fraudulent actor where the statute does not draw any connection between the individual debtor and the fraudulent conduct but instead is written in passive tense saying merely that a debt owed by an individual and procured by fraud is nondischargeable. Bartenwerfer v. Buckley, No. 21-908, __ U.S. __ (Feb. 22, 2023). The decision was unanimous with a concurring opinion by Justice Sotomayor adding that the decision turned on the fact that the debtor had an agency relationship with the fraudulent actor.
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Where the debtor failed to amend her schedules before her case was closed, she forfeited the right to do so as a matter of course, but based on the facts and circumstances in this case, the debtor’s neglect was excusable. The court allowed her to reopen her case to claim an exemption in a personal injury settlement. In re Wantz, No. 18-2851 (Bankr. W.D. Mich. Jan. 5, 2023).
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Whether it's a bad review or a lost opportunity—negative customer experiences can end up costing big time. Ruby's latest eBook has all the answers you need to deliver exceptional customer service and boost business growth. Use promo code NACBA for 5% off Ruby!
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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 Resources, then clicking the Certificate of Service.
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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!
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Gallagher Affinity has partnered with NACBA to offer customized insurance solutions that deliver value while effectively managing costs without sacrificing the protection you need. They analyze and compare plans from major insurance carriers and offer a wide range of professional and personal insurance programs.
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