NACBA eNewsletter
April 18, 2023
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NACBA Events
 
NACBA's 31st Annual Convention: #NACBADC
April 27-30, 2023
Washington Hilton*
Washington, DC
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.
 
*Please note that when making your hotel reservation, if you get the message: “rooms are not available,” it most likely means one of the days in your reservation no longer has inventory. If that happens either adjust your check in and/or check out date or email us at admin@nacba.com for more information.
 
PARKING
If you are a local guest driving in and parking daily, please see the NACBA registration desk for parking validation passes each day to receive 50% off the listed parking rate of $56. 
 
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NACBADC Pre-con Session: Student Loan Workshop
Thursday, April 27
9:00 a.m. - 4:00 p.m.
Convention Attendee Price: $249
A La Carte Price: $349
 
In November 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. 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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Latest Bankruptcy News
The debtors’ claim against lenders for charging improper fees during their bankruptcy belonged to the bankruptcy estate, but the lenders’ appeal of the bankruptcy court’s order of abandonment was dismissed because they lacked a direct financial stake in the outcome of the bankruptcy court’s decision and, therefore were not “persons-aggrieved.” In so holding, the Sixth Circuit indicated that had the lenders challenged the “person-aggrieved” standard it would likely have been found to have been abrogated by subsequent Supreme Court precedent and congressional action. Schubert v. Litton Loan Servicing, No. 21-3969 (6th Cir. March 28, 2023).
Member Benefit Highlight
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.
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.
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