Webinar Library

Recent Bankruptcy Code Amendment:  How the New HAVEN Act Can Help Your Clients
Date & Time: On Demand
Cost: $0 NACBA Member Benefit / $50 Non Member
Presenters: Tara Twomey, Esq., Ed Boltz, Esq., & Erin Shank, Esq.
Moderator: James Haller, Esq.
Register HERE

On August 23, 2019 the HAVEN (Honoring American Veterans in Extreme Need Act of 2019) act was signed into law. It amended Section 101(10A) of the Bankruptcy Code to exclude VA and DoD disability payments made to veterans or their dependent survivors from the monthly income calculation used for bankruptcy means testing.  You need to learn how to apply this law change for the benefit of your clients who are veterans or dependents.  Sign up now!

Why You Should Attend: All of these questions will be answer. Chapter 7 filed before August 24? Can the Means Test now be amended? Chapter 13,  impact on unconfirmed cases?  CMI Reset revived? Chapter 13,  modifications.


Home Owner’s Association Fees and Bankruptcy
COMPLETED – Now Available in the NACBA Online Store.
Cost: $35 Member / $85 Non Member
Presenters: Lee Rowland, Esq., Christina Henry Esq. & James Haller, Esq.
Register HERE

The treatment of Homeowner’s Association Fees in bankruptcy is a complex question. Are they dischargeable in chapter 7 and chapter 13? Does Rule 3002.1 apply? Can underwater HOA liens be avoided? This webinar will answer these questions and more as we explore the treatment of HOA fees in bankruptcy.

Why You Should Attend: HOAs can be aggressive in attempting to collect their debt. You won’t want to miss this program which will discuss ways to reduce or eliminate HOA fees and liens through bankruptcy.


Top 20 Cases You Must Know for Your Bankruptcy Practice.
COMPLETED – Now Available in the NACBA Online Store.
Cost: $35 Member / $85 Non Member
Presenters: Henry Sommer, Esq., Nathan Juster, Esq. & James Haller, Esq.
Register HERE

From projected disposable income and attorneys’ fees to bankruptcy court jurisdiction, this session will cover fundamental cases that you need to know.

Why You Should Attend: You must know the major guideposts to give your clients accurate advice. Make sure you are following these important cases and using them to your client’s benefit.


Criminal Justice Debts and Civil Fines in Bankruptcy
COMPLETED – Now Available in the NACBA Online Store.
Cost: $35 Member / $85 Non Member
Presenters: Tara Twomey, Esq. & James Haller, Esq.
Register HERE

For criminal justice debtors and those with civil fines, bankruptcy can be a powerful tool. It may eliminate the obligation to repay these debts or provide an orderly mechanism for repaying certain debts that cannot be discharged. Bankruptcy can also open the door to relief, such as expungement, record sealing, or restoration of a driver’s license, that may otherwise be unavailable due to outstanding debt. This webinar will provide an overview of the application of bankruptcy law to criminal justice debt and civil fines.

Why You Should Attend: Not all criminal justice debt and civil fines are created equally. Learn about the different kinds of criminal justice debt and civil fines, including which are dischargeable in bankruptcy and which are not.


Bankruptcy “Law and Order” Edition: Fifth Amendment and Bankruptcy
COMPLETED – Now Available in the NACBA Online Store.
Cost: $35 Member / $85 Non Member
Presenters: Prof. Tim Tarvin, Esq. & James Haller, Esq.
Register HERE

To prevent malpractice, you need to know how to protect yourself and your client from potential criminal prosecution. This webinar will review the 5th amendment, its use in bankruptcy proceedings, and best practices.

Why You Should Attend: In the criminal bankruptcy system, people are instigated by separate two equally powerful groups: The UST, who investigates crime, and the U.S. attorneys, who prosecute the offenders. These are their stories. Learn how and when you and your client are protected by the 5th Amendment in bankruptcy proceedings.


Crossing Paths: The Intersection of Reverse Mortgages and Bankruptcy
COMPLETED – Now Available in the NACBA Online Store.
Cost: $35 Member / $85 Non Member
Presenters: Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The senior population of the United States is expected to grow rapidly over the next twenty years. Rather than enjoying their golden years, increasingly older Americans are struggling with less income, greater debt and insufficient retirement savings. The average amount of debt held by seniors has soared over the last decade. Many now rely on credit cards to cover their basic living expenses. Rising mortgage debt has compromised the use of home equity as a retirement nest egg. There are few easy solutions. Two tools available to seniors to combat financial distress are reverse mortgages and bankruptcy. Reverse mortgages allow seniors to tap their home equity to pay off outstanding debts or supplement monthly income. Bankruptcy provides an opportunity to obtain a fresh start by discharging certain debts or adjusting one’s financial affairs. The two options—reverse mortgages and bankruptcy—are not mutually exclusive.

Why You Should Attend: Learn how to best help your older clients by understanding the intersection between reverse mortgages and bankruptcy and when they can work together to prevent foreclosure or put a senior on more solid financial footing.


Introduction to Bankruptcy, Chapter 7 and Chapter 13 Online Workshop
COMPLETED – Now Available in the NACBA Online Store.
Length: 180 Minutes
Cost: $109 Member / $159 Non Member
Presenters: Edward Boltz, Esq., Hal Nemeth, Esq. & James Haller, Esq.
Register HERE

Bankruptcy is a world unto itself. This webinar is designed to introduce practitioners to the bankruptcy landscape and will cover the basics of chapter 7 and chapter 13, the difference between the two, and factors to consider when recommending one chapter over another. This program will give new attorneys and staff an introduction to bankruptcy practice.

Why You Should Attend: Let NACBA introduce your attorneys and staff to the practice of the Bankruptcy Code.


Chapter 13 Plan Provisions: What Are They Good For?
COMPLETED – Now Available in the NACBA Online Store.
Length: 60 Minutes
Presenters: Henry Sommer, Esq., O. Max Gardner III, Esq. & James Haller, Esq.

Avoid having unwanted provisions forced upon you and getting non-standard provisions that you want.

Why You Should Attend: Stuck with a plan provision unfavorable to your client? Learn how to contest those provisions and get more favorable language added to the plan.


Taggart v. Lorenzen: What Consumer Bankruptcy Attorneys Need to Know
COMPLETED – Now Available in the NACBA Online Store.
Length: 60 Minutes

Presenters: Henry Sommer Esq., O. Max Gardner III, Esq., Matthew Mason Esq. & James Haller Esq.
Register HERE

Holding: A creditor may be held in civil contempt for violating a bankruptcy court’s discharge order if there is no fair ground of doubt as to whether the order barred the creditor’s conduct. Judgment: Vacated and remanded, 9-0, in an opinion by Justice Breyer on June 2, 2019.

Why You Should Attend: The Taggart v. Lorenzen decision WILL impact your consumer bankruptcy practice in several areas. Find out exactly how from an expert NACBA panel of seasoned practitioners.


Advanced Topics in Chapter 13 Online Workshop
COMPLETED – Now Available in the NACBA Online Store.
Length: 120 Minutes
Presenters: Trish Mayer Esq., Summer Shaw, Esq. & James Haller Esq.
Register HERE

This panel is in response to the statement, “teach me something I didn’t know.” Designed for attorneys who are already seasoned or strive to be, the program will give participants new and innovative weapons with which to assist their clients.

  • Small Business Ch. 13 Issues
  • Business debtor’s reporting and accounting
  • Valuing a sole proprietorship and “collapsing” the business entity
  • Early withdrawal tax penalties as non-priority claims
  • Election of short tax year to create pre-petition tax debt in a chapter 7
  • 1099-C issues
  • Proper application of prior-case payments in refiled chapter 13 cases
  • “How to” lien strip an unsecured mortgage, including service and discharge issues

Why You Should Attend: Chapter 13 is easy. Its just filling out a bunch of forms and handing them (and the debtor) to the Trustee. WRONG! Chapter 13 is more complicated and offers more opportunities for the creative and aggressive attorney than any other bankruptcy. Find out how to be that attorney, so that your competition doesn’t steal all of your potential clients.


Emerging Bankruptcy Technologies to Assist your Bankruptcy Practice
COMPLETED – Now Available in the NACBA Online Store.
Length: 60 Minutes
Cost: $35 Member / $85 Non Member
Presenters: Rachel Foley Esq., Reed Almand, Esq. & James Haller Esq.

Busy bankruptcy attorneys are bombarded with technology choices – all promising great rewards but many coming at great expense. Learn about different technologies that can make your practice more efficient in time and cost.

Why You Should Attend: What faster way is there to improve your bottom line than being more efficient while increasing accuracy!


Ditech Chapter 11 Filing: The Good, the Bad, the Ugly, and the Really Ugly
COMPLETED – Now Available in the NACBA Online Store.
Length: 60 Minutes
Cost: FREE Member / $45 Non Member
Presenters: Tara Twomey, Esq., O. Max Gardner, Esq. and James Haller Esq.

Why You Should Attend:

Any consumer lawyer with any type of claim or issue involving mortgage servicing by Ditech or any Ditech Entities must learn the new signs along the Chapter 11 highway. This webinar is geared to attorneys of all levels who file bankruptcy and mortgage servicing cases.

What You Will Learn:

  • When and where Ditech filed Chapter 11, and what entities were included in filing
  • How to address automatic stay and claims against Ditech
  • What is allowed and not allowed regarding partial relief from stay
  • Who must file proof of claim, where these claims should be filed, and the bar date for filing
  • Whether you can object to Proof of Claim by Ditech in your bankruptcy case
  • Whether Ditech can foreclose post-filing of the Chapter 11 and file a Motion for Relief from stay post filing
  • Whether you can send requests for information (RFIs) and notices of error (NOEs) NOEs to Ditech under RESPA and Reg X, file counter-claims, complaints, or adversary proceedings re Ditech, and claim right of set-off or recoupment in client’s Proof of Claim

Practice Pitfall Jeopardy: Practice Pitfalls and How to Avoid Them
COMPLETED – Now Available in the NACBA Online Store.
Length: 60 Minutes
Cost: $35 Member / $85 Non Member
Presenters: Mary Beth Ausbrooks, Esq., Jenny Doling, Esq., Gene Melchionne, Esq. & James Haller, Esq.
Register HERE

Don’t have a blooper reel for this year’s cases? This session will review common bloopers and how to avoid them in a game show format. Join our contestants who will be answering jeopardy type questions to win big prizes.

Why You Should Attend: Enjoy an actually fun way to learn how to deal with problem situations. Who will win the big candy bar?


Expand Your Practice with Chapter 12: A Chapter 12 Primer
COMPLETED – Now Available in the NACBA Online Store.
Length: 60 Minutes
Cost: $35 Member / $85 Non Member
Presenters: Rebecca R. Garcia Esq., Chapter 13 Trustee (WI), Jan M. Sensenich Esq., Chapter 13 Trustee (VT) and James Haller Esq.

Chapter 12 is a powerful tool to assist debtors who qualify as farmers or fishermen. There has been an increase in chapter 12 cases filed across the country and there is a need for experienced debtors’ counsel to represent them. However many consumer attorneys are uncomfortable with chapter 12 cases because they are not aware of the different requirements and deadlines. This panel will bring you up to speed and give a primer on chapter 12 practice.

Why You Should Attend: You need to make more money and expanding your practice to include chapter 12 cases is a great opportunity.


3002.1 A Mortgage Odyssey Workshop
COMPLETED – Now Available in the NACBA Online Store.
Length: Six (6) Hours
Cost: $99 Member / $149 Non Member
Presenters: Marc Dann, Esq., John Rao, Esq., Tara Twomey, Esq. & James Haller, Esq.

The Panel will discuss:

1) Introduction to 3002.1
a. Requirements for lenders
b. Forms that must be used
c. Information that must be disclosed
d. Changes to 3002.1 effective December 1, 2018

2) Use of 3002.1 in bankruptcy court to challenge fees and payment changes
a. Example cases and briefs
b. Results for clients and
c. Attorneys fees for debtor’s counsel

3) Use of 3002.1 along with other rules (e.g. Reg X) to bring suits against mortgage companies outside of bankruptcy court.
a. FDCPA
b. FCRA
c. TILA
d. RESPA

Why You Should Attend: You want to earn additional attorneys fees reviewing all of those mortgage payment changes. Join our panel to find out how.


Chapter 13 Attorney Fees
COMPLETED – Now Available in the NACBA Online Store.
Length: 60 Minutes
Cost: $35 Member / $85 Non Member
Presenters: Edward Boltz, Esq. & James Haller, Esq.

How to get paid prior to secured creditors and for work performed at the end of the case.

Why You Should Attend: You want to get paid for work done during the case in a timely manner and a fair amount.


Real Life and Real Mods After HAMP
COMPLETED – Now Available in the NACBA Online Store.
Length: 60 Minutes
Cost: $35 Member / $85 Non Member
Presenters: O. Max Gardner III Esq., James Haller, Esq. & Bobby Riveria.

This webinar will cover:

  • The role of the following parties in the 2019 Mod World:
  • The GSE (Fannie, Freddie and Ginnie)
  • The Private Label Deals
  • Trustee
  • Master Servicer
  • Primary Servicer
  • Default Servicer
  • Non-Performing Loans and Hedge Funds
  • Review of Real SPS Deal
  • Targets
  • Waterfalls
  • Forbearance
  • Forgiveness
  • Balloons
  • Junk Fees
  • Loan Term
  • APR

Why You Should Attend: You need to know what options your clients have to modify their mortgages under existing law.


They Did What?! The 2018 Case Law Year in Review
COMPLETED – Now Available in the NACBA Online Store.
Length: 60 Minutes
Cost: $35 Member / $99 Non Member
Presenters: Henry Sommer, Esq., Tara Twomey, Esq., James Haller, Esq.

The panel will discuss the major cases that occurred in 2018 and pending cases before the Supreme Court and Courts of Appeal that may affect your bankruptcy practice.

Why You Should Attend: We all need to stay on top of the major decisions from 2018 and pending decisions which may change our practice and advice to clients. Make sure you are current and haven’t missed any important decisions.


Invoking and Asserting Exemptions in Reopened Cases
COMPLETED – Now Available in the NACBA Online Store.
Length: 60 Minutes
Cost: $35 Member / $99 Non Member
Presenters: Deborah DeMack Esq., Billy Brewer Esq. & James Haller, Esq.

The panel will discuss the law, procedures and give advice on how best to represent a client who has an omitted asset and needs to reopen their case. The panel will discuss the possible challenges to claiming exemptions including excusable neglect and share their documents and experience fighting them.

Why You Should Attend: We all have (or will have) clients that call us after a bankruptcy is closed with an omitted asset. We all need to know what the state of the law is and how to best protect your client and the missing asset.


Introduction to Chapter 11 Bankruptcy Practice for Consumer Bankruptcy Attorneys
COMPLETED – Now Available in the NACBA Online Store.
Length: 60 MINUTES
Cost: $35 Members / $85 Non-Members
Presenters: Dan Press, Esq.

Have you been referring your Chapter 11 cases to outside counsel? Are you curious about the similarities and whether you can file these cases? Dan Press, a leading author and practitioner in individual chapter 11 cases, will present an introduction to chapter 11 practice involving consumer debtors. He will discuss when this chapter is useful, the similarities and differences to chapter 13 practice, and how to conduct a chapter 11 practice.


Escrow Shortage Claims
COMPLETED – Now Available in the NACBA Online Store.
Length: 60 MINUTES
Cost: $35 Members / $85 Non-Members
Presenters: Tara Twomey, Esq. & John Rao, Esq.

Have you ever received a mortgage arrearage claim including a hefty escrow shortage? This webinar will examine how to review that claim for accuracy and how to explain it to your client. Don’t miss this opportunity to save yourself time and aggravation when reviewing these claims.


Make Money: Use Non-Standard Provisions in Local Ch 13 Plan
COMPLETED – Now Available in the NACBA Online Store.
Length: 90 MINUTES
Price: $35 member/ $85 non-member
Presenters: O. Max Gardner and Henry Sommer

Get deeper insight into non-standard provisions from O. Max Gardner and Henry Sommer in this 90-120 minute webinar.  They will focus on and suggest specific language you can add to your plans.  Some of the topics include:

  • Filing fee payment terms
  • No credit reporting (or specifying what can be reported).  See Keller v. New Penn Fin., LLC (In re Keller), 568 B.R. 118, 129 (B.A.P. 9th Cir. 2017)
  • Override surrender stay relief
  • No payments to unsecured creditors and early termination
  • Utility adequate assurance terms
  • Assumption of Residential Leases
  • Elimination of lien upon payment of allowed secured claim
  • Equal monthly payments for attorney’s fees
  • Sale or refinance of property
  • Right to use trustee avoiding powers
  • Direct plan payments to secured and non-dischargeable debts before others are paid
  • Send monthly mortgage statements, coupon book
  • Injunction against further scheduling or continuance of foreclosure sale
  • Application of mortgage/arrears payments per Section 524(i)
  • Mortgage loan mod will be sought clause
  • Lien satisfied regardless of whether debt is discharged
  • Vesting of Property in Mortgage Creditor Who Refuses to Foreclose
  • ID particular secured debts that will not be provided for by the plan
  • Assigning refund of payments if converted or dismissed to attorney for fees
  • Student loan classification and current payments
  • Seek Enrollment in Student Loan Income-Driven Repayment Plan
  • Continue Participation in Student Loan Income-Driven Repayment Plan
  • Injunction Prohibiting Enforcement of Bankruptcy Clause by Private Student Loan Creditor
  • Avoiding Application of Estoppel and Claim Preclusion Doctrines Based on Plan Confirmation
  • Protection of post-petition causes of action
  • Filing of Adversary Proceeding Involving Predatory Mortgage Lending Claims

How to Raise and Support a Request to Increase the Chapter 13 Flat Fees in Your District.
COMPLETED – Now Available in the NACBA Online Store.
Length: 60 MINUTES
Price: $35 member/ $85 non-member
Presenters: Pam Stewart and Edward Boltz

Come join Ed Boltz and Pam Stewart who will be discussing how to present and support a request to increase the flat fees in a chapter 13 bankruptcy.  With the additional work required to comply with the amended bankruptcy rules and forms, you may have an opportunity to request a fee increase in your cases.  The panel will discuss how they personally made these requests in their districts along with expected challenges.  In addition, NACBA will present the results of a survey of flat fees across the country and an example spreadsheet to use to demonstrate the predicted time and cost to take a chapter 13 to a discharge.  This is important information you can use to potentially increase your income to match your increased work.


Stump the Chumps!
COMPLETED – Now Available in the NACBA Online Store.
Length: 60 MINUTES
Price: $35 member/ $85 non-member
Presenters: James Haller, Gene Melchionne and Henry Sommer

  1. Can additional language be added to a form plan that contradicts language in the plan?
  2. Can a debtor refile a chapter 13 bankruptcy while still in a bankruptcy?
  3. What should a debtor do about a pre-petition transfer of money to a future father in law to avoid a fraudulent transfer problem?
  4. If a student loan claim (that should be disallowed under the recent CFPB/NCSLT settlement) is NOT filed, should a debtor file the claim and then object to it?
  5. What additional expenses can an above median income debtor claim on the means test for older vehicles?
  6. When to object to claims of creditor’s counsel for excessive fees.
  7. How to roll in post-petition tax liability into a pending chapter 13.

How to Introduce an Appraiser’s Testimony and Appraisal as Evidence in Bankruptcy Court
COMPLETED – Now Available in the NACBA Online Store.
Length: 60 MINUTES
Price: $35 member/ $85 non-member
Presented By: Presented by Jim Haller, Esq.

  • When is it necessary to present residential valuation in a bankruptcy proceeding?
  • Finding a good appraiser.
  • Advice to clients when meeting the appraiser.
  • Review of appraisals/discovery.
  • Preparing the foundation to allow your appraiser’s opinion.
  • Preparing the foundation to admit the appraisal.

CFPB’s Amended Mortgage Servicing Regulations & Effects on Bankruptcy
COMPLETED – Now Available in the NACBA Online Store.
Length: 60 MINUTES
Price: $35 member/ $85 non-member
Presented By: Edward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, N.C.

  • The background of CPPB rules and borrowers in bankruptcy
  • The scope of regulations.
  • Dates of regulation
  • Definitions of Delinquency
  • Effects of Delinquency
  • Early Intervention
  • Loss Mitigation Requirement
  • Periodic Statements in Bankruptcy
  • Periodic Statements for Consumer in Ch 7 Bankruptcy
  • Periodic Statements for Consumer in Ch 13 Bankruptcy
  • Successors in Interest
  • Prompt Payment in Crediting

How to File a Late Claim in a Chapter 13
COMPLETED – Now Available in the NACBA Online Store
Length: 35 MINUTES
Price: $35 member/ $85 non-member
Presented by Jim Haller, Esq., President of the NACBA Board of Directors.
Occasionally, there are times when a debtor needs to file a late claim in a consumer bankruptcy case. The question arises frequently in chapter 13 cases when payment of a claim is necessary to achieve the goal of the chapter 13 plan (e.g., payment of taxes, child support arrearage, mortgage arrearage, etc.). Many jurisdictions address the allowance of late claims differently. This webinar is from the standpoint of a conservative jurisdiction so that it may assist as many practitioners as possible.
A. Problem: A claim needs to be filed to pay an important creditor.
B. Solution: File the appropriate motion for permission.
This webinar will review:
  • The Claims Process
  • Identifying the Missing Claim as Timely
  • Identifying the Missing Claim as Late
  • Practice Tips


Is there Life After HAMP? Now what?

The End of HAMP: Understanding Proprietary Modifications
COMPLETED – Now Available in the NACBA Online Store
Length: 1 hour 15 MINUTES
Price: $35 member/ $85 non-member

Presented by: O. Max Gardner III, Owner of Max Gardner’s Bankruptcy Boot Camp and Consumer Defense Academy & Roberto (Bobby) Rivera, Max’s Loss Mitigation Expert

With HAMP no longer in existence, it is more important than ever to understand the many proprietary loan modifications being used and understanding how to thoughtfully integrate Regs X and Z into your Bankruptcy, Foreclosure Defense or Loss Mitigation practice.

You can transform your practice and double your opportunity to generate fees from each of your much more satisfied clients.  You’ll see how quickly the servicers will settle your cases, waive alleged “unwaivable” restrictions or make your client the exception to the rule.

Topics Covered:

  • Finding the Investor or Guarantor of the Loan
  • Pooling & Servicing Agreements
  • GSE Published Guidelines
  • “Standard Modifications” and basic terms of some Proprietary Mod Programs
  • Common Terms & Formulas used in all Loan Modifications
  • Streamlined Mods and Not So Streamlined Mods
  • How Servicers Pick Loans for Alternative Mod Products
  • How to Determine Which Mods Your Client Can really Qualify for and How to Get them
  • How to Select the Right Client

2017 Case Law Update & Impact on Consumer Bankruptcy Attorneys

COMPLETED – Now Available in the NACBA Online Store
Length: 1 hour 15 MINUTES
Price: $35 member/ $85 non-member

PRESENTERS:
Henry Sommer, Esq., Philadelphia PA
Prof. Angela K. Littwin, Esq., Austin, TX

This webinar will discuss recent trends in bankruptcy case law, with analysis of cases decided by the Courts of Appeals and other appellate courts.

  • Midland Funding, LLC v. Aleida Johnson, No. 16-348
  • Husky Int’l Elecs., Inc. v. Ritz, 136 S. Ct. 1581 (2016)
  • Failla v. Citibank, N.A. (In re Failla), 838 F.3d 1170 (11th Cir. 2016)
  • Lynch v. Jackson, 2017 WL 59011 (4th Cir. Jan. 4, 2017)
  • In re Adinolfi, 543 B.R. 612 (B.A.P. 9th Cir. 2016)
  • Fla. Dep’t of Revenue v. Gonzalez (In re Gonzalez), 832 F.3d 1251 (11th Cir. 2016)
  • In re Rivera, 832 F.3d 1103 (9th Cir. 2016)
  • County of Dakota v. Milan (In re Milan), 556 B.R. 922, 923 (B.A.P. 8th Cir. 2016)
  • Germeraad v. Powers, 826 F.3d 962 (7th Cir. 2016)
  • In Re Tracht Gut, LCC, 836 F.3d 1146 (9th Cir. 2016)
  • Birmingham v. PNC Bank, N.A. (In re Birmingham), 846 F.3d 88 (4th Cir. 2017)
  • In re Crawford, 841 F3 1 (1st Cir. Oct. 25, 2016)
  • DeNoce v. Neff (In re Neff), No. 14-60017 (9th Cir. June 9, 2016)
  • Spokane Law Enforce Fed. Credit Union v. Barker (In re Barker), 839 F.3d 1189 (9th Cir. 2016)
  • Anderson v. Hancock (In re: Hancock), 820 F.3d 670 (4th Cir. 2016)
  • Smith v. Capital One Bank (USA), N.A., 845 F.3d 256 (7th Cir. 2016)
  • Bazemore v. Jefferson Capital Sys., LLC, No.  15-12607 (11th Cir. July 5, 2016)

Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems
with Non-Bankruptcy Causes of Action
COMPLETED – Now Available in the NACBA Online Store
Length: 1 hour 15 MINUTES
Price: $35 member/ $85 non-member

PRESENTERS:
Judge Paul W. Bonapfel, Northern District of Georgia
J. Erik Heath, Esq., Consumer Bankruptcy Attorney, San Francisco, CA
John Rao, Esq., National Consumer Law Center, Inc.

This webinar will cover a variety of standing, judicial estoppel and claim preclusion issues and offer practical suggestions for ways to ensure that debtors’ non-bankruptcy causes of action can be litigated. Topics will include debtor’s standing during and after Chapter 7 and 13 cases, determining whether a cause of action is property of the estate, proper scheduling and disclosure of claims including whether a duty exists for post-petition claims in Chapter 13 cases, avoiding and responding to judicial estoppel arguments, plan treatment of prosecution and settlement of litigation, employment and compensation of counsel to litigate debtor’s legal claims, effect of plan confirmation on debtor’s right to bring causes of action post-confirmation; impact of stating an intent to surrender collateral on post-bankruptcy claims and defenses; using waiver and estoppel arguments against mortgage creditors.


Lessons from Harris v. Viegelahn
COMPLETED – Now Available in the NACBA Online Store
Length: 1 hour 5 MINUTES
Price: $35 member/ $85 non-member

In Harris v. Veigelhan, the Supreme Court resolved a disagreement among courts over the question of whether a debtor or his creditors should receive funds derived from the debtor’s post-petition wages held by the trustee under a confirmed chapter 13 plan when the case is converted to chapter 7 in good faith. In a clear, concise, and narrowly focused decision the Court ruled in the debtor’s favor. Subsequently, some courts have applied Harris broadly to deny payment of debtor’s counsel in other circumstances.

This webinar will review the various post-Harris cases that have been decided and offer practical suggestions for ways in which debtor’s counsel can get paid in unsuccessful chapter 13 cases.

Presented by: Chief Judge Melvin S. Hoffman of the U.S. Bankruptcy Court for the District of Massachusetts, Tara Twomey of NCBRC and Brett Weiss, Esq. of Chung & Press, LLC


Regulation X & Z Enforcement
Powerful New Tools for Consumer Bankruptcy Attorneys
COMPLETED – Now Available in the NACBA Online Store
Length: 1 hour 5 MINUTES
Price: $35 member/ $85 non-member

“Regulation X & Z Enforcement,” provides an overview of federal Regulation X and Regulation Z and demonstrates how these laws can empower consumers and their counsel. The presentation outlines specific errors prohibited by these regulations. During this webinar, Marc will walk participants through examples of actual Requests for Information and Notices of Error used daily by The Dann Law Firm. Marc will explore these regulations with case studies highlighting real-life scenarios faced by clients. Attendees can expect to gain a solid understanding of Regulation X and Z and how these statutes could benefit their clients. Significant amount of reference materials included with purchase.

Presented by: Presented by: Marc Dann, Former Ohio Attorney General & Dan Solar Esq., The Dann Law Firm.


New Proof of Claim and Mortgage Attachment: The Other Form Changes
COMPLETED – Now Available in the NACBA Online Store
Length: 1 hour 15 MINUTES
Price: $35 member/ $85 non-member

We all know that all of the bankruptcy filing forms were revised as of December 1, 2015.  But did you know that major changes were also made to the Proof of Claim form (Form 410) and the Mortgage Proof of Claim Attachment form (Form 410A), with the same effective on Dec. 1, 2015?  By far the biggest change is that mortgage creditors must now provide a loan payment history from the first date of default as part of the mortgage attachment form, which must include information about payments received and how they were applied, when fees and charges were incurred, when fees and charges were paid from what source, when escrow amounts were disbursed, and whether funds were held in an unapplied or suspense account.  Learn from two bankruptcy and consumer law experts how these form changes can help you in representing clients.  This webinar will help you to understand the new forms and what to look for in figuring out whether the creditor’s claim is accurate and whether the servicer may have misapplied payments or made other servicing errors before the bankruptcy was filed.

Presented by: Max Gardner III Esq. and John Rao, Esq.


MODERNIZED BANKRUPTCY FORMS
COMPLETED – Now Available in the NACBA Online Store
Length: 1 hour 15 MINUTES
Price: $35 member/ $85 non-member

Full overview on what Official Bankruptcy Forms will be replaced with substantially revised, reformatted and renumbered versions effective December 1, 2015. For Consumer Bankruptcy Attorneys by Consumer Bankruptcy Attorneys. Materials included with purchase.

Presented by: Norma Hammes, Esq., Carey Ebert, Esq., (United States Chapter 7 & 13 Trustee) & Walter Oney, Esq.


MODERNIZED BANKRUPTCY FORMS PART 2: QUESTIONS & ANSWERS
COMPLETED – Now Available in the NACBA Online Store.
Length: 1 hour
Price: $30 member/ $80 non-member

Panel presentation of various questions submitted by Consumer Bankruptcy Attorneys on process, procedure, technical, etc. of the new bankruptcy forms since their December 1st implementation.

Presented by: Norma Hammes, Esq., Carey Ebert, Esq., (United States Chapter 7 & 13 Trustee) & Walter Oney, Esq.


“Take My House, Please!” Getting Rid of Encumbered Property in Consumer Cases
COMPLETED – Now Available in the NACBA Online Store.
Length: 1 hour 10 MINUTES
Price: $35 member/ $85 non-member

Surrendering real property in a consumer case does not necessarily end the debtor’s obligations with regard to the property if the mortgage lender does not promptly complete foreclosure. The debtor may face continuing burdens of ownership, including post-petition fees and assessments charged by a homeowner’s, condominium, or cooperative association and compliance with local laws requiring maintenance and upkeep of the property.The discussion will include exploration of bankruptcy & non-bankruptcy solutions (continued residency in the property without making mortgage payments); whether local legislative attempts to address the problem are enforceable; and whether a debtor in a Chapter 13 case can require a lender to accept title to the property through a surrender or transfer provision in a plan or through a § 363(f) sale with the lender having the right to credit bid.

Presented by: Hon. Eugene R. Wedoff (Ret.) & Tara Twomey, Esq.


FAMILY LAW AND BANKRUPTCY
COMPLETED – Now Available in the NACBA Online Store
Length: 1 hour
Price: $25 member/ $75 non-member

More and more often, bankruptcy cases seem to involve issues of family law.  Whether it involves a support arrearage, failure to pay a property settlement obligation or an obligation to indemnify a former spouse, it is important for a bankruptcy lawyer to understand how these two complex area of law interact.

This seminar will address the forms typically used in a divorce case and their importance in a bankruptcy case, basic topics addressed in a divorce case and the impact on a bankruptcy filing, the automatic stay and its exceptions as they apply to family law matters, dischargeability of common debts in a family law case and the importance of choosing the right bankruptcy chapter, how to determine whether a debt is for support or property division, and preference concerns after a divorce. Materials included with purchase.

Featured Presenter: Mr. Ian M. Falcone


SECURITY CLEARANCES & BANKRUPTCY
COMPLETED – Now Available in the NACBA Online Store.
Length: 1 hour
Price: $25 member/ $75 non-member

Anyone who represents federal employees, government contractors, or members of the military has most likely been asked what impact bankruptcy will have on a debtor’s security clearance. To help you answer that question, this webinar will review different types of security clearances, the impact of bankruptcy, and how the client might mitigate potential effects. Materials included with purchase.

Featured Presenters: Michael Jones  Esq., Judge Advocate, U.S. Army, Ron Sykstus Esq., & Tara Twomey Esq.


2015 SUPREME COURT BANKRUPTCY DECISIONS & WHAT THEY MEAN FOR YOUR PRACTICE
COMPLETED – Now Available in the NACBA Online Store.
Length: 2 hours
Price: $49 member/ $125 non-member

Over the past month, the Supreme Court has issued five bankruptcy related decisions. Join us for an in depth discussion of these cases, and what they mean for your practice. Materials included with purchase.

The presentation covered:
– Wellness Int’l Network, Ltd. v. Sharif
– Bullard v. Hyde Park Savings Bank
– Harris v. Veigelahn
– Caulkett v. Bank of America, N.A.,
– Baker Botts, LLP v. ASARCO, LCC

Featured Presenters: Henry J Sommer Esq., Tara Twomey Esq., Cathleen Moran Esq.


TAXES IN BANKRUPTCY
COMPLETED – Now Available in the NACBA Online Store.
Length: 6+ hours
Price: $99 member/ $349 non-member

NACBA’s Taxes in Bankruptcy offers specialized training in bankruptcy taxation. The treatment of tax debts is one of the more complicated areas of federal bankruptcy law, but the Bankruptcy Code offers substantial tax relief to tax debtors. From understanding tax rules to cancellation of debt income (pros & cons) to IRS penalties, audits, appeals, liens and levies, to client preparation and the fresh start initiative, this intense webinar (6+ hours) will allow NACBA members to expand their client possibilities and better understand serious tax liabilities. Materials included with purchase.