NACBA's 32nd Annual Convention: #NACBACO
Thursday, April 25 to Sunday, April 28, 2024
The Broadmoor
Colorado Springs, CO
MORE INFORMATION COMING SOON!
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Date: Thursday, Nov. 9, 2023
Time: 4–5 PM ET
Speaker: Kara Gendron, Esq. & Rashad Blossom, Esq.
Member Price: $25
Description: The most common objection to discharge is found in Section 523(a)(2) of the Bankruptcy Code for fraud. The panel will discuss and explain the two categories of fraud in Sections 523(a)(2)(A) & (B), review caselaw over the past 12 months and explaining, the effect of the recent Supreme Court case of Bartenwerfer v. Buckley, 143 S. Ct. 665 (2023) on the liability of spouses and partners, and suggest strategies to defend against claims of fraud in non-dischargeability proceedings.
Why you should attend: Everyone should have a good understanding of the different categories of fraud and the elements to find a debt non-dischargeable.
*Zoom registration and meeting link will be emailed after completed purchase of the webinar.
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28
Nov 2023
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Date: Tuesday, Nov. 28, 2023
Time: 6–9 PM
Location: Ole Red, Nashville
Ticket price: $99 (open bar, food & live music)
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NACBATN STARTS IN 27 DAYS!! HURRY THERE ARE ONLY 19 SPOTS LEFT TO ATTEND!
NACBA's 2023 Members-Only Workshop: #NACBATN Nov. 27–29, 2023 Loews Vanderbilt Nashville, TN NACBA's upcoming members-only workshop promises to be both a game-changer for your professional growth and an opportunity to experience the vibrant Music City that is Nashville, TN! Why attend NACBA's Nashville Workshop? 1. Earn CLE with NACBA! Our lineup of expert speakers includes consumer bankruptcy leaders who will provide you with the latest insights, trends, and best practices in our field. 2. Connect with peers, exchange ideas, and build valuable relationships with colleagues who share your passion for excellence in consumer bankruptcy. 3. Member-Exclusive Benefits: This event is specially curated for NACBA members, ensuring content and discussions that are relevant to your needs and interests. 4. Beautiful Nashville: Experience the vibrant culture and entertainment that Music City has to offer while attending an event that will enrich your professional growth. PLUS, get your tickets to NACBA's Private Honky-Tonk party at Ole Red! NACBA has secured a special low room rate at Loews for only $209 a night. Room rate has been extended and now expires on Friday, Nov. 3, 2023, or until sold out.
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Use old, established rates to establish new, higher rate
Milko v. Evolution Asset Grp. LLC, 2023 U.S. Dist. LEXIS 187254 (W.D. PA, Oct. 17, 2023, Mag. Judge Patricia L. Dodge) (2017-2018 Survey Report, in Credit Rights, FDCPA case, $10,768 granted, $400 @ 13 years, Paralegal @ $75).
Holdings of Note:
1. Court looked at $300 rate award in 2021, 2019 cases in agreeing with Survey Report on applicability of $400 rate in 2023.
Recommendation: Older rate decisions can help prove a reasonable increase.
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In re Jessie R. Thomas, Taheesha Thomas, Debtors, 2023 WL 6885827 Bcy Ct., M.D. PA, Oct. 18, 2023, Judge Mark J. Conway) (on 7 fee applications with no claims litigation, no adversary proceedings and no in-court appearances by counsel, where presumptively reasonable fee, PRF, was $4,500, $13,337 total granted, $295 @ 36 years, 3 Paralegals $135 @ 18+ years).
Holdings of Note:
1. “communications between counsel regarding continuances do not require the skill or training of a lawyer and should not be billed at a full attorney rate”
2. “.2 time entries for very simple tasks” that only take a few minutes is excessive
3. “Filing documents with the Court is an administrative task that is part of overhead and should not billed to the client.”
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IN re Angelito Uy Sepulvida and Maria Bituin Caranay, Debtors, 2023 WL 696511, Bcy Ct, D New Mexico (Oct. 20, 2023, Judge David T. Thuma) (on 3rd fee application of 118 hour Ch. 13 debtor counsel, $4,000 granted, $295 @ 31 years, $200 @ 21 years, Paralegal, $150.
Holdings of Note:
1. “A typical [Ch. 13] case takes about 30-35 hours start to finish”
2. Fn 17. “Drafting a motion to strike a creditor motion is not good practice, no matter how weak the motion” citing Fed. R. Bankr. P. 7012(b), Fed. R. Civ. P. 12(f).
$34,461,314 Attorney Fees Awarded with Survey Report as of October 24, 2023.
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Gallagher Affinity offers the resources to approach several insurance carriers on behalf of the member. They are also able to provide quotes for other business insurance needs. Contact them for more information.
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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.
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Welcome to Bankruptcy 101! NACBA University is designed to teach new attorneys and paralegals the basics about bankruptcy. Each section or subsection has a link to a quick 3-5 minute online learning clip about that subject. You just click on the link and you are on your way. From video clips to reference documents, podcasts to resource links, forms and briefs and the NACBA Library! Just log into the Member Dashboard and click NACBA University in right column.
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Join us on Instagram at @NACBAorg to connect with a vibrant community of bankruptcy professionals, gain visibility for your practice, and stay updated on the latest legal trends. NACBA proudly highlights your success stories through our #MemberMonday Spotlights, shares valuable insights with our #FridayFacts, and offers a platform to engage with fellow experts in consumer bankruptcy. Let's inspire, educate, and support each other in the world of bankruptcy law. Follow us today and be a part of this exciting digital community!
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NACBA Events
