NACBA takes great pride in acknowledging the outstanding efforts of our members who go above and beyond in the field of consumer bankruptcy. We are pleased to announce we are accepting nominations for NACBA's Annual Awards, a tradition that allows us to recognize and celebrate excellence within our community.
 
Awards Luncheon at the 32nd Annual Convention: All award recipients will be honored at NACBA's 32nd Annual Convention Awards Luncheon on Friday, April 26. We extend a warm invitation to guests attending the convention alongside NACBA members to join this special occasion.
 
Nomination Categories:
1. The Champion of Consumer Rights: In recognition of and appreciation for extraordinary service in protecting American Consumers and, in particular, the recipient’s critical role in preserving the rights of consumer debtors in need of bankruptcy relief.

 

2. The Distinguished Service Award: In recognition of and appreciation for extraordinary contributions to the National Association of Consumer Bankruptcy Attorneys and the recipient’s many years of invaluable service to our organization.

 

3. The Hammes-Shulman Award: In recognition of the leadership and commitment demonstrated by NACBA's co-founders, Norma Hammes and Ike Shulman, the Hammes-Shulman Award honors significant contributions made by a NACBA member in the field of legislation and advocacy.

 

4. The K. Colleen Nunnelly Award: In October 2011, NACBA lost a wonderful colleague and long-term NACBA Member, K. Colleen Nunnelly. Ever a strong supporter of NACBA’s mission, always a positive voice within NACBA and an outstanding State Chair, Colleen will be greatly missed. In recognition of her contributions to NACBA, we have created the K. Colleen Nunnelly Award to honor a NACBA member whose collegiality and support for NACBA’s mission embodies Colleen’s spirit, quiet leadership, enthusiasm, and positive contributions to NACBA.

 

5. Outstanding Young Consumer Bankruptcy Attorney Award: In recognition of a new bankruptcy attorney, in practice less than 5 years, who has shown excellence in the practice of consumer bankruptcy, achieved a critical milestone, or who was recognized for a special achievement, award, appellate success, etc.

 

6. Outstanding Achievement Award: In recognition of two accomplished bankruptcy attorneys acknowledging and celebrating the notable achievements of a distinctive event.
 
If you know of deserving individuals for any of the awards, please submit nominations by March 1.

Summary: Adams initially filed a pro se Chapter 7 bankruptcy disclosing his residence on Schedule A of his petition, stating that its value was "Unknown," but, after the Chapter 7 Trustee took preliminary steps to sell the property, Adams hire an attorney, filed an amendment asserting a value of $260,000 and converted the case to Chapter 13. The Chapter 13 plan was confirmed with a requirement of $79,705.55 dividend under the Best Interests of the Creditors test. Six months after confirmation, Adams sought to sell his residence for $289,000, with the Trustee then seeking, through a subsequent Motion to Modify, to increase the liquidation requirement to $109,043.

 

The bankruptcy court, relying on In re Murphy, 474 F.3d 143 (4th Cir. 2007), rejected Adams' argument that the original $79,705 requirement was res judicata, finding that the sale constituted a "substantial change" in Adam's financial circumstances that was "unanticipated" at confirmation. As a result under 11 U.S.C. §1329(a), the modified or "amended" plan required a new analysis of the Best Interests of Creditors as of the "as of the effective date of [that] plan."

 

The bankruptcy court did, nonetheless, allow Adams to retain not only his homestead exemption, but also "any amount of proceeds attributable to principal reduction resulting from Debtor's post-petition payments and any portion of the liquidation value previously paid to creditors in this case."

NACBA is thrilled to open applications for the prestigious Henry J. Sommer Legal Aid Scholarship!

This scholarship is dedicated to legal aid attorneys attending NACBA’s Annual Convention for the first time, providing a chance to be part of our 32nd Annual Convention in Colorado Springs, CO from April 25-28, 2024.

 

🏆 Honoring President Emeritus Henry J. Sommer's legacy, this scholarship covers the registration fee and materials, fostering professional development. The winner will be recognized at NACBACO’s Awards Luncheon on Friday, April 26.

 

If you're a legal aid attorney meeting the criteria or know someone deserving, apply now! Send a cover letter and resume to admin@nacba.com by March 15, 2024.

NACBA Members! Visit NACBA University – Your Exclusive Access to Bankruptcy 101!

 

New attorneys and paralegals, dive into the fundamentals of bankruptcy with our learning sections specially designed for NACBA members. Each is packed with quick 3-5 minute, online learning clips, making it a breeze to grasp essential concepts.

 

Ready to get more during your bankruptcy practice journey? Simply log into the Member Dashboard to access NACBA University. Elevate your knowledge, empower your practice!