Our January 2008 Member of the Month, Brett Weiss, is a prolific litigator and author. His solo practice in Olney Maryland, is a bit unusual due both to its significant on-line presence and the larger cases that it handles. Brett also notes that he has developed a reputation of (mostly successfully) tilting at windmills.

Brett has a number of significant cases to his name, including: Hernandez v. Suburban Hospital, 319 Md. 226, 572 A.2d 144 (1990) (dischargeability of assignments in Chapter 7); Bunch v. Hopkins Savings Bank, 249 B.R. 667 (Md.2000) (an heir's Chapter 13 filing will stop a foreclosure); Branigan v. Graves, ___ F.Supp. ___ (2006) (§ 1328(f) applica­bility and timeframes); In re Tubman, 364 B.R. 574 (Md.2007) (§ 362(c)(3) does not lift the stay as to property of the estate); In re Barker, ___ B.R. ___ (Md.2007) (A foreign debtor is not barred from filing in the U.S.); and In re Bellamy, 379 B.R. 86 (Bankr. D. Md.2007) (Counsel fees must be paid before distributions to other creditors). In this last case, he filed an amicus brief on behalf of NACBA  (An article about the case and a copy of the brief are available on NACBA's website at http://www.nacba.org/s/38_382e3fb63cee939.)

In December, Brett argued Branigan v. Graves before the Fourth Circuit (decision still pending). And recently he successfully mounted a challenge to the Maryland form Chapter 13 Plan and the local rule implementing it, which resulted in the incorporation of § 524(i) language and the ability to include non-standard provisions. His brief on this issue in In re Miller has been posted to the CWE and has been used by numerous counsel in challenges to their own form plan language. Brett also authored the lead article in the Maryland Bar Journal, Bankruptcy After BAPCPA, which also appears on the NACBA website at http://www.nacba.org/s/30_140662bd68076ef/.

Brett is a frequent speaker on bankruptcy issues, both locally and nationally, and he will be lecturing this spring at the University of Maryland School of Law as part of a consumer law clinic.

Brett graduated in 1980 from the University of Maryland with a degree in government and politics, and then from its School of Law in 1983 with honors. As a winner of the Morris B. Myerowitz Moot Court competition, he was selected to the school's National Moot Court team, where he won the Lewis F. Powell Medal for excellence in advocacy, and the team went to the National Moot Court competition finals.

In the category of memorable cases, Brett cites two, both filed for minors. The first, a 10 year-old orphan's Chapter 13 filed to stop a foreclosure, generated national media attention (an article about the case may be found at http://users.erols.com/lawyer/Powell/Powell%20Article%20in%20Post.htm. As a result of the attention generated, he set up a trust fund for the boy, and appeared on The View, Montel Williams, and other media. The second case was filed for a 10 month old infant, whose father died without a will, leaving her the sole heir. A Chapter 13 was filed (and subsequently confirmed) also to stop a pending foreclosure.

Brett joined NACBA in 2004, just before BAPCPA took effect. "NACBA has played an invaluable role in my development as a lawyer. It opened my eyes to the broader and more significant role I could play in helping my clients, building my practice, and enjoying what I do far more than I did before I joined." Brett will be a panelist at the upcoming Annual Convention as part of the Consumer Chapter 11 session.

A former candidate for the Maryland House of Delegates, Brett has been active in civic and community affairs. Brett and his wife have four children, all girls, ages 16, 15, 11 and 7. "College fund contributions are gratefully accepted."