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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 website 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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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 has 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 THIS FRIDAY, March 24, 2023!
Early bird member price: $795
Non-member price: $1,049
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Mar 2023
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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-plus) 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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NACBADC Pre-con Session: Student Loan Workshop
Thursday, April 27, 2023
9 a.m. - 4 p.m.
Convention Attendee Price: $249
A La Carte Price: $349
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-plus 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 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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Where the debtor’s payments to his ex-wife’s Trust were in lieu of alimony and were understood by both the debtor and his ex-wife to be for her future support, the payments were in the nature of a domestic support obligation not dischargeable in bankruptcy. Hundt v. Ventrone (In re Ventrone), No. 21-11643, Adv. Proc. Nos. 22-00005, 22-00026 (Bankr. E.D. Pa. Jan. 2023).
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Where the debtor’s original exemption claim was for bodily injury, the trustee had a reasonable argument that the actual post-petition settlements of her personal injury case, which specified that they were for non-bodily-injury damages, did not fall under that exemption. Because the trustee’s objection related to the post-settlement exemption claim, it was timely. Biondo v. Gold, Lange, Majoros & Smalarz, P.C., No. 22-1666 (6th Cir. Feb. 8, 2023).
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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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NACBA is proud to announce the acquisition of one of the top resources for consumer bankruptcy attorneys, Exemptions Express. NACBA Member, Attorney John R. Bates of New Philadelphia, Ohio, has published his website, Exemptions Express.com, for years. He has spent hours compiling the exemption laws for all 50 states. Now with the support of NACBA, Bates will continue to update Exemptions Express and have it hosted at NACBA.org.
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The Consumer Bankruptcy Journal (formerly NACBA Now) is the official publication of the National Association of Consumer Bankruptcy Attorneys. Readers include attorneys, judges, paralegals, legal assistants, law students, Bar Associations around the country, and other legal professionals. The quarterly publication showcases consumer bankruptcy related material, Supreme Court updates, profiles of NACBA members and programs, previews of NACBA events, and commentary on topics of interest to bankruptcy attorneys.
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