NACBASF

Bankruptcy News Briefs 3/21

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Headlines Kicking Off the Week…

Court Issues Final Order in CFPB Case Against Debt Relief Company

Survey: Consumers Report Reasonable Healthcare Costs, But Increasing Burdens Over Time

Department of Education: Student Loan Repayment Improves

Final Judgment Entered in CFPB Case Against Morgan Drexen; Attorneys Found in Contempt

Fed Ends Two Enforcement Actions, Issues Another

CFPB Orders Debt Relief Firm to Pay $173M

The Intersection of Bankruptcy and Health Savings Accounts: Are HSA Accounts Exempt From Bankruptcy Estate?

Student-Loan Delinquencies Decline

New Student Loan Report Reveals Promising Repayment Trends

We Can Fix the Student Debt Problem

REGISTER FOR APRIL’S WEBINAR

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Lessons from Harris v. Viegelahn
Monday, April 11, 2016, 60 minutes
3 PM Eastern / 2PM Central / 1PM Mountain / 12 PM Pacific

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

Registration deadline: 4/11/16 at 2PM Eastern.
$25 Member / $75 Non Member
Registration HERE

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.

If you are unable to participate in webinar at scheduled time, register by 4/11/16 at 2 PM Eastern and you will receive recording, materials and discounted pricing. After 4/11/16, the webinar will be available in the NACBA Store.

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HAVE YOU RESERVED YOUR ROOM YET FOR #NACBASF? RECEIVE THE SPECIAL RATE! RESERVE BY APRIL 27, 2016

NACBASF will be taking place at the marvelous Marriott Marquis San Francisco. NACBA’s attendees will receive a special rate of $245 per night.  If you are calling in your reservation, be sure to ask to stay in the NACBA block.  The special rate is available through April 27, 2016 or until the block sold out.  The rate applies to the nights of May 18 – 22, 2016. 

Booking a room within the NACBA room block is an important way to support the association and ultimately keep overall meeting costs as low as possible. Staying “in the block” is also more convenient and helps keep you connected with the informal activities and networking opportunities that occur at the hotels during the convention.

Register for NACBASF Today!

EXHIBITOR AND SPONSORSHIP OPPORTUNITIES

NACBASF and NACBA’s Fall Workshop Summit is the perfect opportunity to be an exhibitor or sponsor to showcase your product. Learn more about how you can participate in the 2016 Prospectus.

VACATION AND EDUCATION!

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Why not mix a little work with a little play! Earn CLE while you have some fun at NACBA’s Fall Workshop Summit at Sea, October 7th-10th, 2016. The location might be unexpected, but the education provided aboard will be what NACBA members have come to expect from our educational programs.  Save the Date and come sail away with NACBA!

KEEP YOUR NACBA MEMBERSHIP CURRENT

With so many exciting educational events and networking opportunities on the horizon in 2016 don’t forget to renew your NACBA Membership! Renew Today! 

Not a member of NACBA? Take advantage of all the benefits NACBA Members receive and Join  NACBA Today!

Receive NACBA’s Bankruptcy News Briefs Automatically

Subscribe to NACBA NOW!

 

 

 

Bankruptcy News Briefs 3/18

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Headlines Leading Into the Weekend…

Collection Agency Loses Appellate Court Ruling

Payday Loan Bill Approved by Alabama House Committee

Mounting Fears in Subprime Auto Lending Recall ’90s-Era Bubble

TCPA Case Filings Continue at Strong Rate in 2016

Credit Checks Can Go a Long Way in Determining Consumers’ Ability to Pay

Consumer Credit Default Rates Remain Stable

Bank of America Hit With Class Action Over Debt Collection Litigation on Securitized Accounts

Payday Lending, Exemption for Community Banks, Arbitration and Ally Were the Hot Topics During CFPB Director Cordray’s Testimony Before Congress

Intent to Reside Necessary to California Homestead Exemption

UPCOMING  LIVE WEBINAR

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Lessons from Harris v. Viegelahn
Monday, April 11, 2016, 60 minutes
3 PM Eastern / 2PM Central / 1PM Mountain / 12 PM Pacific

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

Registration deadline: 4/11/16 at 2PM Eastern.
$25 Member / $75 Non Member
Registration HERE

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.

If you are unable to participate in webinar at scheduled time, register by 4/11/16 at 2 PM Eastern and you will receive recording, materials and discounted pricing. After 4/11/16, the webinar will be available in the NACBA Store.

61 DAYS UNTIL #NACBASF!

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DEADLINE FOR THE  HENRY J. SOMMER LEGAL AID SCHOLARSHIP IS TODAY!

Today is the last day to apply for the Henry J. Sommer Legal Aid Scholarship. One scholarship is awareded to a legal aid attorney who attends the Convention and is a first-time attendee at an NACBA educational program. This scholarship has been created in recognition of the extraordinary contributions to NACBA by President Emeritus Henry J. Sommer, who served on NACBA’s Board from 1992 to 2011 and as President from 2005 to 2008. The scholarship covers the registration fee and materials for the Convention.

Submit by email a cover letter and resume to admin@NACBA.org today. 

Register for NACBASF Today!

EXHIBITOR AND SPONSORSHIP OPPORTUNITIES

NACBASF and NACBA’s Fall Workshop Summit is the perfect opportunity to be an exhibitor or sponsor to showcase your product. Learn more about how you can participate in the 2016 Prospectus.

VACATION AND EDUCATION!

Sail-Away-1024x551 (1)

Why not mix a little work with a little play! Earn CLE while you have some fun at NACBA’s Fall Workshop Summit at Sea, October 7th-10th, 2016. The location might be unexpected, but the education provided aboard will be what NACBA members have come to expect from our educational programs.  Save the Date and come sail away with NACBA!

KEEP YOUR NACBA MEMBERSHIP CURRENT

With so many exciting educational events and networking opportunities on the horizon in 2016 don’t forget to renew your NACBA Membership! Renew Today! 

Not a member of NACBA? Take advantage of all the benefits NACBA Members receive and Join  NACBA Today!

Receive NACBA’s Bankruptcy News Briefs Automatically

Subscribe to NACBA NOW!

 

 

TODAY’S #NACBASF SESSION SPOTLIGHT!

Social Media In a Bankruptcy World

Saturday, May 21st  9:15 am – 10:30 am

Social media has become pervasive throughout society and business environments, including the practice of law.  Professor Yochum will look at ethical issues related to using social media in your bankruptcy practice.
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Duquesne University School of Law
Professor of Law
Pittsburgh, PA
Mark Yochum is a Professor of Law at Duquesne University School of Law, specializing in tax, bankruptcy and professional responsibility issues. He is a graduate of Carnegie-Mellon University and Georgetown University Law Center. Mr. Yochum has written and lectured extensively on federal criminal tax issues and tax lawyer’s ethics, problems in bankruptcy and matters of professional responsibility for all lawyer and other professionals. He had been Director of the Continuing Legal Education Program at the Law School since its inception in 1993 through 2012. He is also legal counsel for the Small Business Development Center at the University and was formerly President of the Pittsburgh Tax Club. He has been a regular lecturer for the Allegheny County Bar Association’s Section for Taxation and Bankruptcy and professional organizations in the region and across the nation.

Bankruptcy News Briefs 3/17

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So Many Headlines Making News Today…

Biloxi Settles ‘Debtors’ Prison’ Lawsuit

Lack of Retirement Savings Spans Several Generations: Survey

CFPB Seeks to Shut Down Student Loan Debt Relief Firm

Unregulated Shadow Banks Are a Ticking Time Bomb

Scammer Banned from Debt, Mortgage Relief

Consumers’ Expectations Improve in February: Fed

CFPB Examines Problems in Student Loan Collections, Servicing

Collector Accused of Stealing $1M in Dubious Debts

CFPB’s Cordray Hints at Extended Debt Collection Rulemaking Timeline at House Hearing

FCC’s Proposed Rule Includes Limits on Calls, Autodialer Restrictions

FTC Expands List of Banned Debt Collectors; Is There Any Connection to Legitimate Firms?

Chapter 7 Trustee Suspended

62 DAYS UNTIL #NACBASF!

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DEADLINE FOR THE  HENRY J. SOMMER LEGAL AID SCHOLARSHIP TOMORROW MARCH 18TH

One scholarship is available to a legal aid attorney who attends the Convention and is a first-time attendee at an NACBA educational program. This scholarship has been created in recognition of the extraordinary contributions to NACBA by President Emeritus Henry J. Sommer, who served on NACBA’s Board from 1992 to 2011 and as President from 2005 to 2008. The scholarship covers the registration fee and materials for the Convention. Interested candidates should submit by email a cover letter and resume to admin@NACBA.org no later than Friday, March 18, 2016.

EXHIBITOR AND SPONSORSHIP OPPORTUNITIES

NACBASF and NACBA’s Fall Workshop Summit is the perfect opportunity to be an exhibitor or sponsor to showcase your product. Learn more about how you can participate in the 2016 Prospectus.

VACATION AND EDUCATION!

Sail-Away-1024x551 (1)

Why not mix a little work with a little play! Earn CLE while you have some fun at NACBA’s Fall Workshop Summit at Sea, October 7th-10th, 2016. The location might be unexpected, but the education provided aboard will be what NACBA members have come to expect from our educational programs.  Save the Date and come sail away with NACBA!

KEEP YOUR NACBA MEMBERSHIP CURRENT

With so many exciting educational events and networking opportunities on the horizon in 2016 don’t forget to renew your NACBA Membership! Renew Today! 

Not a member of NACBA? Take advantage of all the benefits NACBA Members receive and Join  NACBA Today!

Receive NACBA’s Bankruptcy News Briefs Automatically

Subscribe to NACBA NOW!

 

TODAY’S #NACBASF SESSION SPOTLIGHT!

“Mortgage Accounting and Escrow Issues” Session
Friday, May 20th 4:15 PM-5:30 PM
Learn how to decipher mortgage payment histories and evaluate escrow account analyses with presenters, Cathleen Moran and Pamela Simmons.

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Cathleen Moran

Moran Law Group
Attorney
Mountain View, CA

Cathleen Moran has practiced bankruptcy law in the Silicon Valley of California for 31 years, representing debtors, creditors, and trustees. She is certified as a specialist in Bankruptcy Law by the Board of Legal Specialization, State Bar of California and has particular interest in the intersection of bankruptcy law and the fields of family law and tax..

Cathy is the author of Bankruptcy in Brief, found at www.moranlaw.net. Currently she writes for consumers on bankruptcy issues at www.bankruptcylawnetwork.com and on issues for lawyers new to consumer bankruptcy law at www.bankruptcymastery.com.

Cathy serves as the Northern California chair of the National Association of Consumer Bankruptcy Attorneys and the Vice President of the Bankruptcy Law Network. She is a frequent speaker at NACBA conventions, as well as at local and regional bankruptcy forums.

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Pamela Simmons

Law Office of Simmons & Purdy
Attorney
Soquel, CA

Pamela Simmons is highly qualified in all phases of residential real estate. Her practice focuses on all matters relating to the home loan or mortgage.

In the mortgage lending law arena, Ms. Simmons has upheld the rights of borrowers who have been harmed by illegal lending and collection practices, sometimes known as predatory lending .

These matters include violations of state and federal lending laws, foreclosure issues, loan modifications, short sales and loan servicing problems such as foreplaced insurance and loan escrow issues. She is one of a handful of attorneys who has represented clients in mortgage matters for well over 17 years.

Register for #NACBASF Today!

Bankruptcy News Briefs 3/11

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Friday’s Headlines…

Top Democrat Pushes for More Restrictions on Debt Collection Calls

Credit Card Accounts Continue to Increase: ABA Report

First Mortgage Debt Hits $8.3 Trillion

Subprime Auto Loans Aren’t Looming Crisis: Report

CFPB Director Slated to Appear at House Financial Services Committee Hearing

Court Rules Express Consent Passes from Creditor to Collector

THE COUNTDOWN IS ON! ONLY 68 DAYS REMAIN UNTIL THE #NACBASF CONVENTION!

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Haven’t Registered Yet? It isn’t too late to receive the Early Bird Rate, Register today. Early Bird Rate Ends Friday, April 8th.

 EXHIBITOR AND SPONSORSHIP OPPORTUNITIES
Want to attend as an Exhibitor or Sponsor? NACBASF and NACBA’s Fall Workshop Summit is the perfect opportunity to be an exhibitor or sponsor to showcase your product. Learn more about how you can participate in the 2016 Prospectus.

VACATION AND EDUCATION!

Sail-Away-1024x551 (1)

Why not mix a little work with a little play! Earn CLE while you have some fun at NACBA’s Fall Workshop Summit at Sea, October 7th-10th, 2016. The location might be unexpected, but the education provided aboard will be what NACBA members have come to expect from our educational programs.  Save the Date and come sail away with NACBA!

KEEP YOUR NACBA MEMBERSHIP CURRENT

With so many exciting educational events and networking opportunities on the horizon in 2016 don’t forget to renew your NACBA Membership! Renew Today! 

Not a member of NACBA? Take advantage of all the benefits NACBA Members receive and Join  NACBA Today!

Receive NACBA’s Bankruptcy News Briefs Automatically

Subscribe to NACBA NOW!

Bankruptcy News Briefs 3/10

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Today’s News…

Chase TCPA Class Action Settlement Gets Final Approval

CFPB Releases Supervisory Report Highlighting Compliance and Positive Practices

Same District, Same Day, Different Conclusions on Surrender Plus Vesting

Report: Paper or Electronic Statements? Why It Should Be the Consumer’s Choice

Update: The Road Back to the IRS Private Debt Collection Program

11th Cir. Upholds Dismissal of FDCPA, FCCPA Complaint for Failure to State Claims

THE COUNTDOWN IS ON! ONLY 69 DAYS REMAIN UNTIL THE #NACBASF CONVENTION!

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GRAB THE POPCORN! 

As an attendee at #NACBASF you’ll get an Exclusive Screening of the Student Loan Documentary, Broke, Busted and Disgusted. This film examines the higher education system and the way it is funded. Created by a group of passionate filmmakers and storytellers with accurate accounts that could change the course of history. Director Adam Carroll will do a post-screening Q&A with attendees

Haven’t Registered Yet? It isn’t too late to receive the Early Bird Rate, Register today.

 EXHIBITOR AND SPONSORSHIP OPPORTUNITIES
Want to attend as an Exhibitor or Sponsor? NACBASF and NACBA’s Fall Workshop Summit is the perfect opportunity to be an exhibitor or sponsor to showcase your product. Learn more about how you can participate in the 2016 Prospectus.

VACATION AND EDUCATION!

Sail-Away-1024x551 (1)

Why not mix a little work with a little play! Earn CLE while you have some fun at NACBA’s Fall Workshop Summit at Sea, October 7th-10th, 2016. The location might be unexpected, but the education provided aboard will be what NACBA members have come to expect from our educational programs.  Save the Date and come sail away with NACBA!

KEEP YOUR NACBA MEMBERSHIP CURRENT

With so many exciting educational events and networking opportunities on the horizon in 2016 don’t forget to renew your NACBA Membership! Renew Today! 

Not a member of NACBA? Take advantage of all the benefits NACBA Members receive and Join  NACBA Today!

Receive NACBA’s Bankruptcy News Briefs Automatically

Subscribe to NACBA NOW!

 

TODAY’S #NACBASF SESSION SPOTLIGHT!

#NACBASF Will Encourage You to Think Outside the Box!

Attend the “Business Opportunities Beyond Bankruptcy,” Session

This distinguished panel of NACBA members will explore other fields that intersect with bankruptcy and may provide additional business opportunities .

Kent Anderson has lectured extensively for lawyers, realtors and tax professionals about Tax Liens, Tax Collection Defense, Mortgage Modifications, Chapter 13 Bankruptcy, and other Debtor-Creditor matters. He has been a featured speaker at the IRS National Tax Forum, Northwest Bankruptcy Institute, and the NACBA Annual Meeting.  Kent has been active in the NACBA lobbying program for several years and was invited to speak at US Senator Jeff Merkley’s Mortgage and Foreclosure Solutions Summit.  He is the current NACBA Oregon chair and continues to consult with the senator’s office on bankruptcy and foreclosure issues.

Kent established his private practice in 1978 and is admitted to practice before the U.S. District Court for the District of Oregon, the US Tax Court, the 9th Circuit Court of Appeals, and the US Supreme Court.  Mr. Anderson is board certified in Consumer Bankruptcy by the American Board of Certification.  His practice includes tax collection defense, contested audit, and consumer bankruptcy matters.

He is a member of the National Association of Consumer Advocates, the National Association of Consumer Bankruptcy Attorneys, and the Bankruptcy Law Network, LLC, where he currently holds the office of Treasurer. As chair of the Website Committee for the Oregon State Bar Debtor/Creditor Section and member of the local Bankruptcy Pro Bono committee, he contributes his expertise to state bar efforts.  Kent has been a public board member of the Oregon Board of Psychologist Examiners since 2009. He is a contributing author on the LexisNexis Bankruptcy Law Center online forum and has worked with Lexis in developing and testing several versions of its software including its new TopForm 11 bankruptcy document assembly program.

Ms. Doling is admitted to practice in California and Nevada. She opened her law firm in 2001, representing debtors in Chapter 7 and Chapter 13 bankruptcies, as well as related consumer rights litigation. Ms. Doling received an Academic Achievement Award in Bankruptcy and was also honored with an award for excellence from the American Bankruptcy Law Journal. Ms. Doling is a long-standing member of NACBA, NCLC, and the Inland Empire Bankruptcy Forum. She also serves on the Central District of California Chapter 13 Committee working with local trustees and judges. She is a board member for IEBF. In addition, Ms. Doling has presented seminars on Judgment Enforcement in California, and was formerly a California State Licensed Collection Agent prior to attending law school. These experiences have given Ms. Doling a unique perspective on the collection agency industry. Ms. Doling presented at NCBJ on the Social Security exclusion issue and at NACTT in August, 2013.

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Gene Melchionne, Member Board of Directors, NACBA

Gene Melchionne is a native of Waterbury, Connecticut and currently resides and practices there.  He is an avid boater, amateur musician, and MacUser, spending every weekend on his boat with his guitar and iPad. He is a member of the Board of Directors for National Association of Consumer Bankruptcy Attorneys. He graduated from Drake University School of Law in 1980 where he received the American Jurisprudence Award for academic excellence.  In 2007, he was appointed to the Supreme Court’s Commission on Foreclosures, a role he continues in to this day. Formerly, Melchionne was Vice President of the Waterbury Credit Bureau and a member of the Northwestern Regional Council of the American Institute of Banking and the only attorney to receive its prestigious Ken Kovel Award.  He has also been repeatedly recognized by the U.S. Bankruptcy Court for Pro Bono service to indigent consumers.Gene is a long-time member of NACBA and a national speaker on bankruptcy law, consumer representation and use of technology in the law office. He has been featured on the PBS show “NOW“, appeared on a segment of “Your Money” on CNN and the CBS Evening News. He has been interviewed by the New York Times, Business Week, the Connecticut Law Tribune and numerous Connecticut newspapers.  He has testified before the Connecticut legislature and in court as an expert in bankruptcy law issues.

 

I am a small firm practitioner in the Orlando area. I have concentrated on consumer bankruptcy practice since 2007, after handling real estate closings for ten years after law school. I have one associate that does not handle bankruptcy, but our practice areas complement each other.

I consider myself to be in the best possible district to help debtors. The Middle District of Florida was one of the first locations to start a mortgage mediation program in 2010. In 2014, I was a NACBA speaker on the mortgage mediation panel in New York City.

Around 2013, I added student loan law to my consumer practice. I was asked to speak for NACBA again for the Student Loans in Bankruptcy Workshop Webinar in October 2015.

As more of my chapter 13 clients obtain their discharges, I am exploring other areas in which I can help old and new clients and turn their matters into opportunities to supplement and pivot my practice during a downturn in bankruptcy filings.

Today’s #NACBASF Session Spotlight!

A Session You Won’t Want to Miss!

Maximizing exemptions is a key to successful bankruptcy, but when does squirreling away assets go to far? Join Russ DeMott and James (Jim) Cossitt as they discuss this hot topic at #NACBASF 2016 in their session, “Squirreling It Away?Bankruptcy Exemption Planning.” 

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              Russ DeMott, DeMott Law

Russell A. DeMott is a 1993 graduate of the University of South Carolina School of Law and has been practicing law since 1995. During law school, Russ served on the South Carolina Law Review. Prior to going into practice, he served as a law clerk to the Honorable Harry A. Beach in the Allegan County Circuit Court in Michigan.

Russ is AV Preeminent® Peer Review Rated by Martindale-Hubbell. “AV Preeminent® is a significant rating accomplishment – a testament to the fact that a lawyer’s peers rank him or her at the highest level of professional excellence.” CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories–legal ability and general ethical standards.

Russ is also certified as a Circuit Court Mediator by the South Carolina Board of Arbitrator and Mediator Certification and is a licensed financial advisor.

 

James H. Cossitt has practiced in Kalispell, Mont., since 1999 in the areas of bankruptcy & workouts, business & commercial litigation, real estate, landlord / tenant, secured transactions and construction law.   He began his career in insolvency law as a bankruptcy attorney with the FDIC in Des Moines, Iowa, served as a chapter 7 panel trustee in the N.D. of Iowa from 1988-95 and as a chapter 11 trustee in the W.D. of Michigan from 1997 to 2000.  Mr. Cossitt is admitted to practice in the state and federal courts in Montana, Colorado, Michigan and Iowa, is board-certified by the American Board of Certification in both Business & Consumer Bankruptcy Law.  He is a member of the American Bar Association, National Association of Bankruptcy Trustees, National Association of Consumer Bankruptcy Attorneys and a lifetime member of the American Bankruptcy Institute.  In addition, he is the Montana editor of West Group’s Bankruptcy Exemption Manual  and in 2009 was elected to a three-year term on the Board of Directors of the American Board of Certification (ABC).

As chair of the Task Force on Attorney Discipline’s Best Practices Working Group of the Ad Hoc Committee on Bankruptcy Court Structure and Insolvency Process, Mr. Cossitt supervised the publication of the “Working Paper: Best Practices for Debtors’ Attorneys”, 64 Bus. Law 79 (2008), which was a follow up to an earlier Report by the Task force, entitled “Attorney liability under section 707(b)(4) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005”, 61 Bus. Law. 697 (2006).

A frequent speaker to professional and trade groups on bankruptcy and related topics, Mr. Cossitt was a member of a task force of US bankruptcy judges, law professors and others who consulted with the Slovak Parliament and research institutes in Bratislava, Slovakia, in 1993 on drafting a new bankruptcy law and the transition to a market economy.  He served as an invited lecturer at a Russian Bankruptcy School sponsored by the Iowa State University Center for International Agricultural Finance, held in Ames, Iowa, in 1995.  Mr. Cossitt received his B.A., with distinction, in 1982 from Iowa State University and his J.D. in 1986 from the University of Iowa College of Law.

Register for #NACBASF Today!