*TODAY IS THE FINAL DAY TO SECURE YOUR ROOM AT THE NACBA RATE!

Member rate: $895

It's almost here! NACBA's 31st Annual Convention in Washington, DC is taking place April 27-30 at the Washington Hilton. 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 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.

Under Colorado law, spouses in dissolution proceedings own marital property as co-owners. Therefore the debtor’s ex-wife had a vested equitable interest in an up-front sum plus 50% of the proceeds from the sale of their marital residence as ordered by the divorce court, and that interest did not enter the debtor’s Chapter 13 estate. Williams v. Goodman (In re Williams), No. 22-1067 (10th Cir. Dec. 13, 2022) (non-precedential).

The punitive damages awarded by the bankruptcy court were unconstitutionally excessive where they were seven times greater than actual damages and the bankruptcy court increased the damages on remand because it found the lender’s success at the BAP level would eliminate a substantial disincentive to engage in the conduct establishing the automatic stay violation. Rushmore Loan Mgmt Serv., LLC v. Moon, No. 22-1126 (D. Nev. Feb. 6, 2023).

Calling the agreement a “sham,” the district court affirmed the bankruptcy court’s denial of a carve-out agreement between the Chapter 7 trustee and the state and federal tax creditors. The court found the agreement would adhere to no one’s benefit but their own. The court also upheld the bankruptcy court’s finding that the debtor’s homestead exemption applied to section 724(b). Summerlin v. Turnage (In re Turnage), No. 22-122 (W.D. N.C. March 14, 2023).

Chief Justice John Roberts of the U.S. Supreme Court has appointed Jenny L. Doling to serve a 3-year term on the Judicial Conference Advisory Committee on Bankruptcy Rules. Her term starts immediately. Jenny L. Doling is a dedicated consumer bankruptcy and tax attorney with years of experience. She’s a Certified State Bar Bankruptcy Specialist. She serves as the Secretary of the National Association of Consumer Bankruptcy Attorneys and as the Vice President of the San Diego Bankruptcy Forum. She is widely respected for her expertise in the field and her commitment to helping clients navigate complex legal matters. Her appointment to the Advisory Committee is a testament to her reputation and her standing in the legal community.

NACBA files amicus briefs in selected appellate and Supreme Court cases that could significantly impact consumer bankruptcy rights. The program has achieved national recognition and has influenced many important judicial decisions, some of which have specifically cited NACBA’s briefs. NACBA has expanded its program to include lower court cases on important issues under the 2005 bankruptcy legislation. NACBA members have access to all amicus briefs as well as model briefs on numerous issues arising under the 2005 bankruptcy amendments.

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!

Recommended by 50 state and more than 70 local and specialty bars, LawPay is proud to be the preferred payment partner of more than 35,000 law firms. Designed specifically for the legal industry, LawPay provides attorneys with a simple, secure way to accept online payments in their practice. LawPay understands the unique compliance and financial requirements placed on attorneys, which is why their solution was developed specifically to correctly separate earned and unearned fees, giving you peace of mind that your credit card and eCheck transactions are always handled correctly. For more than a decade, LawPay has made it as easy as possible for attorneys to receive payment for their services, and NACBA members receive a three-month free trial.