Member of the Month: August, 2006

David Baker
From: Boston, Massachusetts
David is a solo practitioner based in Boston, but has cases in both the Boston and Worcester divisions of that court, which can take him as far as Springfield in one direction and Cape Cod in the other. “My practice is ninety eight percent bankruptcy, concentrating on consumer/debtor rights, with an emphasis on mortgage lending abuses.” As listserv members already know, David recently completed Max Gardner’s intensive Bankruptcy Bootcamp.
David Baker has had, on average, about three published cases per year. He says, “I don’t think any of them made ‘new’ law, although they were almost all interesting issues.” You may contact David at bostonbankruptcy@gmail.com for copies of these cases. Most noteworthy, David has a case before the U. S. Supreme Court, Marrama vs. Citizens Bank, et al. The case raises the issue of whether the debtor has an absolute one-time right to convert from Chapter 7 to Chapter 13. NACBA has filed an amicus brief (see copy at www.nacba.org/about/briefs_list.php) in support of David’s client and the case is scheduled for oral arguments in early November, 2006.
Prior to going into private practice, David was Of Counsel to the Chapter 13 Trustee in Boston. He was the first to hold the position and did so for about three years. Previous trustees had done their own legal work, but after David’s tenure the trustee was granted a staff attorney.
On a completely different note, before he entered law school in 1993, David was a full-time professional musician in New York. He worked as a church organist/choirmaster, did community theatre, and was also an accompanist at institutions such as the Lee Strasberg Theatre Institute and the Singer’s Forum (where actor Mandy Patinkin got some of his musical training, although David didn’t get to meet him). After earning a Bachelor of Music from the University of Arkansas in Little Rock, he went on for a Master of Arts from New York University. David earned his JD from Massachusetts School of Law at Andover. David still straddles the two worlds by working part-time as a church organist/choirmaster.
David Baker has also served as a “judge” for the Massachusetts Bar Assoc.’s Mock Trials for high school students. David finds the experience “enlightening and encouraging because the students are so totally focused and prepared.” He also participates in Career Days in local high schools, discussing with students what it really means to represent someone as a lawyer.
Of NACBA, David says, “I joined NACBA in 2004 at the Boston convention. At that convention, I was startled – and pleased, I guess – that one of my cases was reviewed by one of the panels. I signed up for the listserv then and was immediately hooked! The extraordinary depth and breadth of talent and generosity on the listserv are truly amazing! Knowing that there is a large ‘firm’ out there that I can call upon for suggestions, or to ‘bounce’ ideas off of, is a great source of encouragement and energy. Solo practitioners can burn out easily and quickly, but with the annual revitalization that the conventions provide and the daily (read hourly!) input from the listserv, belonging to NACBA means you are never really ‘solo’.”
“NACBA works on a local level as well. Massachusetts has a terrific bankruptcy bar – very collegial and devoted to the work. NACBA has been a unifying force for the debtor attorneys here and has enhanced their work on behalf of consumers. The resolve that NACBA has shown in the face of negativity from Congress and creditors means that we can ‘keep on keeping on’, knowing that support is as close as your Internet connection, from the listserv and CWE. I am honored to be Member of the Month.”