National Association of
Consumer Bankruptcy Attorneys NACBA is the only national organization dedicated to
serving the needs of consumer bankruptcy attorneys and protecting the
rights of consumer debtors in bankruptcy. Formed in 1992,
NACBA now has more than 2500 members located in all 50 states
and Puerto Rico. NACBA has also played a critical role in
many important court cases affecting the rights of consumer bankruptcy
debtors by filing amicus briefs in U.S. Courts of Appeal and the
Supreme Court, with many of those case decisions influenced by NACBA's
participation. In addition, NACBA provides the most comprehensive
educational programs in the country for consumer bankruptcy attorneys
with its annual convention
seminars.
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NACBA's 16th Annual Convention
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Please join us in Hollywood for NACBA's 16th Annual Convention, which promises to be bigger and better than ever! Our program for 2008 offers more choices for consumer bankruptcy attorneys at all levels, from beginners to experts, as well as the latest information on case law making its way through the courts. And enjoy the humor of comic monologist Josh Kornbluth, as he performs an excerpt from his widely-acclaimed show "Love & Taxes." As veteran Convention-goers know, the Annual Convention provides a unique opportunity to network and trade ideas with colleagues from around the country. There will also be a myriad of activities at the convention and in the Los Angeles area to keep you and your family busy when you are not attending our renowned educational sessions.
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EOUST Proposed RulesPosted: May 01, 2008 The EOUST has published proposed rules relating to the application procedures and criteria for approval of nonprofit budget and credit counseling agencies, as well as new forms for trustee reporting. NACBA joined with Community Legal Services of Philadelphia, the Consumer Federation of America, and the National Consumer Law Center in submitting comments on the proposed credit counseling rules. In addition to the jointly-submitted comments, NACBA submitted supplemental comments on credit counseling and comments on the proposed trustee regulation. The Comments raised numerous problems with the proposed regulations and suggested changes. >> Read More - 4 files
Ed Boltz Testifies Before CongressPosted: April 02, 2008 On Tuesday, April 1, 2008, the House Judiciary Subcommittee on Commercial and Administrative Law held a hearing on H.R. 4044, an amendment to BAPCPA that would exclude National Guard members and Military Reservists from being subjected to the Means Test while on active duty and for 6 months thereafter. This is a bipartisan bill, sponsored by Reps. Janice Schakowsky (D-IL) and Dana Rohrabacher (R-CA). The purpose of the bill is to address the is the persistence of a the income that a military debtor may have received while on active duty in that debtor's Current Monthly Income, when the debtor may not actually have such income currently. >> Read More - 1 file - 1 linkHenry Sommer testifies before the Senate Judiciary Committee Posted: December 06, 2007 NACBA President Henry Sommer testified before the Senate Judiciary Committee on Wednesday, December 5th in support of S. 2136, the "Helping Families Save Their Homes Act," introduced earlier this year by Senator Richard Durbin (D, IL). Other witnesses at the hearing included economist Mark Zandi, Chief Economist for Moody's Economy.com, Inc., Ms. Nettie McGee, a Chicago homeowner who would be helped by the legislation, Illinois Bankruptcy Judge Jacqueline Cox, Alabama Bankruptcy Judge Thomas Bennett, ABI Resident Scholar Mark Scarberry, and Drexel University professor Joseph Mason. NACBA has played a key role in advising Senator Durbin's staff on the substance of the bill, which would amend the bankruptcy laws to allow for the modification of a home mortgage in Chapter 13. NACBA has been joined in its efforts to help families save their homes from foreclosure by the National Consumer Law Center, the Consumer Federation of America and the Center for Responsible Lending. A number of other organizations, including AARP, the Leadership Conference on Civil Rights, AFL-CIO, and the National Women's Law Center, also are supporting the legislation. >> Read More
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Paul Uyehara testified on behalf of NACBAPosted: October 03, 2007 On October 2, NACBA member Paul Uyehara testified on behalf of NACBA atrnthe House Judiciary Subcommittee on Administrative and Commercial Law hearing on "The United States Trustee Program: Watch Dog or Attack Dog?? Here's Paul's report: " My testimony, much of which was prepared by NACBA president Henry Sommer, explained NACBA's criticisms of the UST program policies and practicesrn- the apparent anti-debtor bias, burdensome document requests, complaints about insignificant or non-existent defects in filings, UST attendance at 341 meetings together with insignificant, irrelevant or just plain nasty questioning of debtors, failure to consider costs and benefits of demands made of debtors, overbearing auditors, erroneous filing of material misstatement notices, and overly aggressive litigation practices. In addition, I highlighted EOUST's ongoing failure to provide interpreters for limited English proficient debtors at meetings of creditors and their half hearted attempts to have the bankruptcy counseling agencies be accessible to these debtors. >> Read More - 1 file'Not Dead Yet:' Bankruptcy After BAPCPAPosted: August 22, 2007 "NACBA Member Brett Weiss has published an article, "'Not Dead Yet:' Bankruptcy After BAPCPA," in the May issue of the Maryland Bar Journal. The article provides a summary of the current state of bankruptcy law for non-bankruptcy practitioners, and lets them know that bankruptcy relief is still available for their clients. Brett Weiss, a member of NACBA since 2005, practices both in the Greenbelt and Baltimore Bankruptcy Courts, and represents clients from Montgomery County, Prince George's County, Howard County, St. Mary's Counts, Charles County, and throughout the State of Maryland and the District of Columbia. >> Read More - 1 file |
| NACBA Files Twin Briefs In Full Surrender CasesPosted: January 31, 2008 As circuit courts around the country consider the issue of whether a debtor may surrender a 910-car in satisfaction of a creditor's "allowed secured claim", NACBA has weighed in with twin briefs filed in the 4th Circuit Court of Appeals and the 11th Circuit Court of Appeals. The briefs lay out the claims process in bankruptcy, discuss the effect of the hanging paragraph, and argue that debtors should be able to surrender 910-cars in full satisfaction of creditors’ “allowed secured claims.” The two cases are In re Meadows, No. 07- 1968 (4th Cir.) and In re Barrett, No. 07-14796 (11th Cir.). >> Read More - 2 files
NACBA Files Amicus Brief in 9th Circuit Debt Relief Agency CasePosted: January 23, 2008 NACBA has filed an amicus brief in Olsen v. Mukasey, the 9th Circuit appeal of a district court decision holding section 526(a)(4)'s prohibition of legal advice to be unconstitutional. The brief argues that attorneys are not debt relief agencies, that the district court was correct in holding section 526(a)(4) unconstitutional, and that the district court erred in upholding the advertising requirements of the debt relief agency provisions. >> Read More - 1 file
NACBA Weighs In on ACP in the Eighth CircuitPosted: January 09, 2008 NACBA has filed an amicus brief in the case of In re Frederickson pending in the Eighth Circuit Court of Appeals. In a split decision, the Bankruptcy Appellate Panel held that above-median debtors with disposable income of zero or less were not required to propose a 60-month plan. NACBA's brief agrees with the majority and argues that were debtors have no disposable income, the applicable commitment period is irrelevant. >> Read More - 1 file
Law Professors File Amicus In PeasleePosted: December 19, 2007 A number of law professors have filed an amicus brief in support of the trustee and debtors in Peaslee. The brief provides some very useful historical information and makes a strong argument that negative equity is not purchase money. >> Read More - 1 file
Negative Equity Issue in the Circuit CourtsPosted: December 19, 2007 NACBA has filed a brief in the Second Circuit case of In re Peaslee (No. 07-3962). The question on appeal is whether inclusion of negative equity in car financing limits the applicability of the hanging paragraph. >> Read More - 1 file
Is a 910-Car Creditor Entitled to Interest on Its Claim?Posted: December 19, 2007 That is the issue being addressed by the the Tenth Circuit Court of Appeals in In re Jones (No. 07-3256).
NACBA has filed an amicus brief arguing that interest is not due to a 910-car creditor because such creditors do not hold "allowed secured claims" and are therefore not entitled the treatment under section 1325(a)(5) >> Read More - 1 file
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