NACBA in Action
The Capitol Hill Meeting day was an educational
experience like no other in my career. It was very gratifying to extend my advocacy on behalf of real people
to legislators in Washington; sharing real experiences and being their voice
at this very critical time. It
reaffirmed my commitment to continue fighting for fairness on behalf of my
clients. Bonnie
Lent-Davis, Lowell, MI
Member since 2006
From its earliest days, NACBA
has devoted enormous energy to protecting and enhancing the rights of
consumer bankruptcy debtors by getting involved in legislative efforts
to change the Bankruptcy Code. As a direct result of NACBA's
involvement in the Congressional debate, the Bankruptcy Reform Act of
1994 included many provisions beneficial to consumer debtors.
Subsequently, NACBA and its members figured prominently in the
deliberations of the National Bankruptcy Review Commission, from its
initial meeting up through its final report.
When the
consumer credit industry and its backers in Congress ignored the
Commission Report and introduced their anti-consumer bills, NACBA was
there to lead the fight to preserve basic bankruptcy rights. NACBA
developed a strategy that included educating individuals and
organizations that could be affected by the proposed changes. Through
this outreach, coordinated by NACBA, a broad alliance of groups
representing consumers, women, working families, and seniors, as well
as religious organizations, civil rights groups, and organizations
devoted to social justice, came together to oppose the creditors' bill.
Although the bill eventually passed, NACBA's advocacy helped delay that
passage for eight years and also defeated many of the most onerous
proposed changes. When the bill was signed into law in 2005, it was
NACBA that educated thousands of consumer bankruptcy attorneys on how
to effectively represent clients in the new environment.
NACBA has led recent efforts in Congress to enact mortgage
modification legislation. Working
closely with a broad coalition of allies in this effort, NACBA has led the
fight to enact bankruptcy legislation that would help save hundreds of thoughsands
of homes from foreclosure by allow for court-supervised
modification of home mortgages.
This proposal was
included in several legislative bills in both houses of Congress and was widely
endorsed by major newspaper across the country.
Amicus Briefs
It
is an unfortunate fact that consumer debtors' counsel involved in
appeals on important bankruptcy issues do not always have adequate
resources to take on the high priced firms hired by the consumer
creditors they face. NACBA helps to fill this important breach by
filing amicus briefs
in cases that will determine the future rights of the hundreds of
thousands of consumer debtors who will be bound by them. NACBA amicus
briefs played an important role in debtor victories in Supreme Court
cases such as Till v. SCS Credit Corp., Tennessee Student Assistance
Corp. v. Hood, and Kawaauhau v. Geiger, as well as many circuit court
of appeals decisions, several of which specifically cited NACBA's
briefs.
With the many new issues under the 2005
legislation, NACBA has expanded its amicus program to include briefs in
lower court cases and model briefs available to members on
frequently-litigated issues. NACBA's Amicus Project also provides and
support to members litigating these issues, so that they can benefit
from the experience acquired in NACBA's efforts around the country.
Media Representation
Recognizing
the "gatekeeper" role the news media plays in shaping public opinion,
NACBA serves as the central clearinghouse for media requests regarding
bankruptcy issues and proactively carries out public awareness
campaigns, conducting media events emphasizing the availability and
benefits of bankruptcy, as well as the need for meaningful consumer
bankruptcy relief. NACBA also serves as a resource for members in their
own outreach to local media.
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