From: Gretna, LouisianaNACBA’s October Member of the Month and Louisiana State Chair, Bill Cherbonnier, is a familiar face to NACBA Convention, Workshop, and Capitol Hill Day attendees.
Technically a solo practitioner with a practice in Gretna, Lousiana, Bill has forged a formal professional relationship with two other attorneys to help with the volume of his work. All of his consumer bankruptcy cases are co-counseled with fellow-NACBA member Bowdre Banks, and all of his tort/personal injury cases are co-counseled with a personal injury specialist. Between the three attorneys, they have six full-time and four part-time employees. Bill also has an informal but active professional association with NACA members Steve Conley and Garth Ridge on his private-practice FDCPA, FCRA, RESPA, and other consumer cases.
Bill cites as his most significant legal work the formation post-Katrina of The Collection Defense Project (“CDP”), for which he was honored with the 2006 Distinguished Service Award from the New Orleans Pro Bono Project. The CDP attempts to intervene early at the state, parish, and city court levels on behalf of consumer debtors who are being sued by debt scavengers. Instead of rolling over and allowing a default judgment to be entered against the consumer, a formal appearance is entered and discovery is propounded to determine the validity of the debt and the legal standing to sue of the plaintiff. Settlement options are explored and bankruptcy alternatives are offered if needed but only if needed.
Bill’s work, outlook, and personal philosophy have been significantly affected by three major events in his life:
1) For eleven years, Bill was a New Orleans Police Reserve (i.e., unpaid) Officer. He notes that he learned a lot that they don’t teach you in law school or anywhere else, most significantly: what it’s like to be shot at, that evil really does exist, and that most people who live in the housing projects are honorable and decent people who lead lives of quiet desperation.
2) In September 2001, five days before 9-11, Bill’s wife Alice was diagnosed with Stage IV cancer. Sixteen months later, after twelve hospitalizations totaling over 100 days, three surgeries, twenty-plus days of radiation, five different unsuccessful chemotherapy protocols, and almost a million dollars in medical expenses, she passed away the week before Christmas, leaving two daughters then aged 7 and 4.
“For the first time in my life I found myself on the receiving end of harassing, abusive, and sometimes vicious phone calls from collection agencies. I realized that the horror stories my clients had been telling me for the past 25-plus years were not exaggerations, and the experience changed my outlook from a consumer advocate to a consumer crusader.”
3) Hurricane Katrina. Bill packed up his two daughters and picked up his mother-in-law the day before the hurricane made landfall. They left New Orleans with just three days of clothes because they expected to be back within the week. When Bill first returned two weeks later, after managing to talk his way through six different roadblocks manned by the 101st Airborne and various out-of-state National Guard units, he found his office almost totally destroyed and mold covering everything that had been saturated with water. All of this right before the effective date of BAPCPA. Bill considers himself lucky, as he lived in a section of the city that suffered only minor damage from broken tree limbs. “Katrina is and will always be for me the poster child for the failure of government at every level - national, state, and of course local.”
A member of NACBA for many years, Bill’s involvement with NACBA increased dramatically after Katrina, when he worked with NACBA’s Legislative Committee and Legislative Director Maureen Thompson to attempt to swing the Louisiana Congressional delegation to delay BAPCPA for hurricane-devastated areas. “To my utter disappointment and disgust, all of Louisiana’s senators and representatives, both Democrat and Republican, were firmly on the side of the banking and finance industry. I was (and still am) totally impressed with NACBA at the national level for its legislative efforts and the work it does to elevate the quality of the bankruptcy bar.”
Bill currently takes consumer and bankruptcy referrals from the New Orleans Pro Bono Project and the Loyola Law School Clinic, and he has introduced the Collection Defense Project to the New Orleans Legal Assistance Corporation and the Southeast Louisiana Legal Services Group. Bill was recently appointed one of three At-Large Members of the Louisiana State Bar Association Legislation Committee, which reviews and makes recommendations on all state legislation affecting the Civil Code, the courts, and the practice of law. In his “spare time,” Bill is secretary of the newly-formed LSBA Consumer Protection Section, which is preparing a questionnaire on consumer issues for all candidates for state office in the November general elections and is also promoting a change in the state constitution to raise the homestead exemption and provide other relief that will be of benefit in a consumer bankruptcy.
Bill has lectured at CLE programs for over 15 years on bankruptcy matters, and in October of this year gave a presentation at Loyola Law School entitled “Above the Law; Legal Loansharking for Fun and Profit” which, as Bill puts it, “focused on the abuses of the debt buying industry and the damage done by rubber-stamp judges who have never encountered a Motion for Default that they wouldn’t sign.”
A great supporter of NACBA, Bill notes: “Consumer Bankruptcy has become a genuine specialty, a field of law that the general practitioner is no longer able to enter (and does not desire to enter). The commitment of time and staff necessary to build a profitable bankruptcy practice, which requires specialized knowledge, dedicated software, and a certain volume of cases, also makes it difficult for the competent bankruptcy practitioner to practice any other kind of law. Now more than ever does the individual consumer bankruptcy lawyer need a professional association such as NACBA.”
As a single parent, Bill is very involved with his two daughters, both of whom are avid and accomplished swimmers and frequent attendees at NACBA and NACA conventions.
Bill graduated from Tulane law School and was admitted to the bar at age 23.