Bankruptcy & COVID-19


NACBA continues to fight for needed reforms of the Bankruptcy Code to address the economic crisis caused by the COVID-19 virus and beyond.

For millions of Americans, a reformed Bankruptcy Code that meets the scope of our current financial crisis will be the only way out of the COVID-19 recession. NACBA’s Legislative Committee with support from NACBA’s Board of Directors have been working nonstop with House and Senate staff to ensure significant & permanent bankruptcy provisions are included in Congressional efforts responding to COVID-19 and the devastating economic impact it has had on families and small businesses.

READ our white paper: Congress Must Prioritize Bankruptcy Reform- July 2020

WATCH the full recording of NACBA & NCLC’s Congressional and expert panel calling on Senate to prioritize bankruptcy protections to help families and small business owners in upcoming bills, several of which were included in the House-passed HEROES Act.

The panel features: Senator Dick Durbin (D-IL), Senator Sheldon Whitehouse (D-RI), Congresswoman Zoe Lofgren (D-CA), Chief Economist at Moody’s Analytics Dr. Mark Zandi, Henry J. Sommer, Esq. for NACBA & John Rao, Esq. for NCLC

Read more about this live panel in NACBA News.



Presenters: O. Max Gardner, III Esq., Jay Patterson, CPA and Jim Haller Esq.
Register HERE

What You Will Learn: As the economic fall-out of COVID-19 continues, more and more people will seek out forbearances for their home, auto and student loans. The options available are dependent on the type of government-backed loans held by the borrowers. Max Gardner and Jay Patterson will explore the end of forbearance options for Fannie Mae and Freddie Mac loans as well as FHA/VA insured loans.

Escrow issues that can play a part of the post forbearance options.  Previous partial claim modifications are integrated in the decision process as well for FHA loans.  Learn about the many forbearance opportunities available to consumers. This webinar is geared to intermediate practitioners.

What You Should Attend:

  • What are the options available for borrowers at the end of their forbearance plans
  • Why the status of the loan on March 1, 2020 is important
  • Whether the borrower can maintain their pre forbearance payment

Forbearance, CARES Act and Wells Fargo

Presenters: O. Max Gardner, III Esq., Thad Bartholow, Esq., Karen Kellett, Esq., Malissa Giles, Esq., Tracy Giles, Esq., Abelardo Limon, Esq.
Register HERE

In response to the Cares Act, many homeowners discovered they were placed into unwanted forbearances by Wells Fargo Bank, NA. Two class action lawsuits seek to stop this activity and protect Chapter 13 debtors and consumers outside of bankruptcy. Our panel will discuss the status and goals of these suits and why you should be concerned if your client has been impacted by an unwanted forbearance.

Why You Should Attend: Unrequested mortgage forbearances impact debtors and non-debtors by limiting the ability to request a future needed forbearance, by harming the consumers’ credit ratings and payment history, and by causing debtors to be at risk of plan modification, motions for relief, or possible dismissal or denial of discharge. Our panel of experts will address these suits and explain why you should make sure your client did request a forbearance and what action to take if they did not!

Inside the Stimulus Package for Consumer Bankruptcy Attorneys

Register HERE

The $2 trillion coronavirus bill after landmark agreement with the White House is expected to have various provisions related to the consumer bankruptcy practice. The National Association of Consumer Bankruptcy Attorneys (NACBA) has been working hard advocating behind the scenes (while maintaining a safe social distance) with House and Senate Judiciary Members and staff to get bankruptcy provisions passed in the current legislation S. 3548 Coronavirus Aid, Relief, and Economic Security Act also known as the “CARES Act”.

Why You Should Attend: In order to fully represent current and future clients, Consumer Bankruptcy Attorneys must be informed on any updated changes or provisions to various areas of bankruptcy practice of law.

CARES Act Provisions to Financially Support Your Practice

Presenters: Ed Boltz, Esq., Lee Roland, Esq., and Jim Haller, Esq.
Register HERE

The CARES Act includes provisions to assist small businesses and law firms. Most, if not all consumer bankruptcy firms may be eligible to participate in SBA loans to assist in meeting costs including employee salaries and general overhead. Some of these loans may be forgivable as part of the CARES Act economic support. The panelists will discuss eligibility, available programs and how to apply including available links and forms.

Why You Should Attend: If you are eligible, you need to apply immediately before funds dry up. The applications for assistance are first come first served. Get in now and determine if your firm can benefit from the CARES Act provisions.

The Coronavirus and Consumer Bankruptcy Practice

Presenters: Ed Boltz, Esq., Gene Melchionne, Esq., and Jim Haller, Esq.
Register HERE

Our (non-medical) panelists will discuss the impact of the COVID-19 outbreak on consumer bankruptcy attorneys and suggest methods and alternatives to continue your practice while maximizing the safety of yourself and your staff.

Why You Should Attend:   It is essential to learn about options to maintain the practice of law while observing good practices to minimize and reduce the spread of the COVID-19 virus.

The Next Chapter of the COVID-19 Pandemic for Employers (Law Firms, Solos, Non Profits): Understanding Your Legal Responsibilities and Obligations + PPP Forgiveness

Presenter: Edward Easterly, Esq.
Register HERE

Edward Easterly, of Hoffman, Hlavac & Easterly Attorneys at Law, will focus on an employer’s legal responsibilities and obligations to reopen its physical work location for business or to continue operations in light of applicable requirements and guidelines.

Why You Should Attend: The information provided in this seminar will apply to all businesses regardless of the number of employees and will highlight potential issues with regard to:

  • Health and safety obligations to employees
  • Leave entitlements
  • Childcare conflicts
  • Employee refusal to return to work
  • ADA scenarios
  • PPP loan forgiveness
  • Reductions in force
  • Wage and hour problems
  • Unemployment compensation issues


March 27, 2021- SIGNED: H.R. 1651 “COVID-19 Bankruptcy Relief Extension Act of 2021”


NACBA Announcement – HEROES Act Bankruptcy Provisions

March 24, 2020 NACBA led coalition letter

Opinion: Why bankruptcy must be an option for homeowners and small businesses to survive this COVID-19 recession