NCBRC Protects the Integrity of the Bankruptcy System

Posted below is a brief snippet from Legal Ink Magazine that recently featured the National Consumer Bankruptcy Rights Center (NCBRC). Legal Ink Magazine is collaboration effort spearheaded by Attorney Credits and is distributed to over 160,000 attorneys. NACBA Attorneys could visit Attorney Credits for on-demand CLE and a special member benefit.

Each year, millions of individuals and families across the country struggle to pay their bills. Often financial distress follows on the heels of other unanticipated events such as job loss, divorce, substantial out-of-pocket medical expenses and natural disasters. Bankruptcy may provide these debtors with the opportunity for a fresh start. The Bankruptcy Code grants financially distressed debtors certain rights that are critical to the proper functioning of the bankruptcy system as a whole. However, bankruptcy debtors, lacking both financial resources and exposure to the bankruptcy system, often do not have the ability to protect the integrity of the bankruptcy system and preserve the bankruptcy rights of consumer debtors more generally. The National Association of Consumer Bankruptcy Attorneys’ Amicus Project was created to fill that vacuum, and in 2010 the NACBA Board founded the National Consumer Bankruptcy Rights Center (NCBRC) to further the mission.

NCBRC provides assistance either by working directly with debtors’ attorneys or by filing amicus briefs in courts throughout the country. In cases with the potential to affect consumer debtors throughout the county, NCBRC’s amicus curiae briefs address broader issues so that the legal effects of courts’ decisions do not depend solely on the parties directly involved in the case. Since its founding NCBRC has filed more the 40 amicus briefs in courts throughout the country. Recent examples of NCBRC Amicus Briefs:

READ MORE: Protecting Social Security Benefits, Preserving Earned Income Tax Exemption & Defending Debtor’s Homestead Exemption.

Bankruptcy Briefs 8/29/14

Ocwen’s Errors Force Debtors into Bankruptcy

What is the Earned Income Tax Credit, and How Can It Help You?

Inside the Dark, Lucrative World of Consumer Debt Collection

Crumbs to reopen after sale

Saab Auto Owner Files Again for Bankruptcy Protection

Barclays Agrees to Lend Detroit $275 Million to Exit Bankruptcy

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Bankruptcy Briefs 8/28/14

Chapter 7 Bankruptcy: What Happens With Car Financing?

How Soon After Bankruptcy Can I Get a Mortgage?

Scranton PA pension funds will be broke in 3 to 5 years

Debt Collectors: Like Bankers, Or Worse?

How A California Private Student Loan Judgment Is Enforced

Momentive Make-Whole Ruling Rattles Bond Market

Living Wills Could Hasten Bank Divestitures

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Bankruptcy Briefs 8/27/14

Court To Wells Fargo – OK To Freeze Accounts Of Chapter 7 Debtors

How Far Can the Student Loan Refinance Bill Go?

Sued For Debt? Don’t Bother To Tell It To The Judge

With Lady Luck no longer at its side, Revel casino details closure plan

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Student Loan Debt Lasts a Lifetime

NACBA Response by President Ed Boltz to U.S. News Article “Debunking the Student Loan Bankruptcy Myth”

US News Op-Ed Posted HERE.

To the Editor:

More proof that if it sounds too good to be true, it usually is: Contrary to what you may read, there are not “a lot” of instances in which students who are savvy enough to ask to discharge their student loan debts are allowed to do so. (“Debunking the Student Loan Bankruptcy Myth,” August 13, 2014)

In reality, the United States is crippled with what has been termed a “student loan debt bomb.” Americans have accumulated more than $1.2 trillion in student loan debt, exceeding even the level of credit card debt in our nation. Because federal law treats student debt as non-dischargeable in bankruptcy proceedings, borrowers can be burdened with this debt for a lifetime even if they are unable to repay.

Federal law does provide that bankruptcy discharge is available for student loans in cases of “undue hardship.” But there’s a big gap between what is theoretically possible and what happens in the real world. The path to an undue hardship discharge is often blocked by U.S. Department of Education contractors, which aggressively challenge debtors’ efforts to show undue hardship. Too often, what we see in bankruptcy courts is federal education contractors using their legal muscle and ability to drag things out in order to crush hardship cases.

The U.S. Department of Education needs to take charge of the situation and make it clear that the over-the-top hardball tactics of its contractors are out of line. Students, parents, educators, lawmakers and other concerned citizens should encourage Congress to restore meaningful and workable bankruptcy protections for student loans, so that those in real need are able to get a fresh start, rather than being devastated for life by insurmountable student loan debt.

Edward Boltz
President, National Association of Consumer Bankruptcy Attorneys
Raleigh, North Carolina

Bankruptcy Briefs 8/26/14

Student Loan Debt Lasts a Lifetime

The Economic Well-being of U.S. Households

CFPB Takes Action Against Global Client Solutions for Processing Illegal Debt-Settlement Fees

Cosigning a student loan risky for parents

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Bankruptcy Briefs 8/25/14

Attorneys File Complaints Against Bankruptcy Trustee

Retirees’ Social Security checks garnished for student loans

Some homeowners could get hit with a whopping tax bill if they accept help through Bank of America’s settlement 

Your Personal Relationships with Clients Probably Aren’t As Strong As You Think

Win A Debt Collection Lawsuit Using These 2 Magic Words

Are Student Loans Dischargeable in Bankruptcy? Only if You Can Prove Undue Hardship

An Unfinished Chapter at Countrywide

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Join the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy

Bankruptcy Declared in “The Office”

As you’ll see from the clip below, one cannot just “declare bankruptcy” by shouting from the rooftops. On a nationally televised episode of The Office, Michael Scott (Steve Carell) was given this advice by his staff accountants Oscar Martinez (Oscar Nunez). However, Michael received this advice only after announcing to all his co-workers his intent to “declare bankruptcy.” Individuals filing for bankruptcy typically aren’t required to disclose their intent to file or make a public announcement concerning their bankruptcy. (some exceptions to this may exist)

Corporations and partnerships must have an attorney to file a bankruptcy case. Individuals, however, may represent themselves in federal bankruptcy court. While individuals can file a bankruptcy case without an attorney or “pro se,” it is extremely difficult to do it successfully. This is just one of the reasons why the National Association of Consumer Bankruptcy Attorneys (NACBA) exists.

NACBA is the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy. Formed in 1992, NACBA now has more than 4,000 members located in all 50 states and Puerto Rico.

Pro se, NO WAY,” especially not when it comes to increasing your success rate of discharging many of your financial stress points. Declaring for bankruptcy isn’t quite that simple! Get the facts and find an attorney via the NACBA Attorney Finder.

Do not follow Michael Scott’s lead, declare bankruptcy only after having secured legal representation by a NACBA member attorney.

NACBA Member Profile: Greta LaMountain Biagi

Based on random sampling of NACBA’s membership, the Member Profile strives to answer the question: Who are Consumer Bankruptcy Attorneys? It looks at a variety of economic and demographic characteristics, as well as, business practices and “war stories.” NACBA is and always will be your “Your Practice Partner!”

Allow us to introduce, our “Practice Partner,” Attorney Greta LaMountain Biagi of Massachusetts. NACBA Member since June 2006.

Greta LaMountain Biagi was born in western Massachusetts and has spent most of her life in the Amherst area.  She spent 13 years in Boston, where she graduated from Berklee College of Music with a Bachelor Degree in Vocal Performance in 1994 then received her Law Degree from Boston College Law School in 2003.  Between degrees, she worked primarily in business but always kept her community in mind, doing volunteer work for numerous service organizations over the years.  Attorney Biagi entered the legal field because she felt driven to work with people and to help them find real solutions to their legal needs.  Before starting her own practice, she practiced at two local firms where she was able to hone her varied legal skills under the supervision of numerous experienced mentors.

Whether dealing with business owners or individuals, Attorney Biagi is committed to really listening to her clients and providing a truly individualized approach to each situation as it presents itself. Her emphasis is always on providing a human touch and on giving advice with professionalism and compassion, explaining the legal process and answering questions as understandably as possible.

Attorney Biagi is now a general practitioner with a particular focus on financial matters, including Chapter 7 and 13 bankruptcies and debt negotiation when filing for bankruptcy protection may not be the best option. Her practice also includes residential and commercial real estate transactions, and small  business formation and representation.  Attorney Biagi has represented business and individual clients in zoning appeals matters and has defended business clients in matters surrounding complaints and prosecutions with state agencies such as the Massachusetts Division of Professional Licensure. She also has appeared regularly in court representing both plaintiffs and defendants in both pre- and post-judgment proceedings and has experience in estate planning, probate and family law.

Attorney Biagi is admitted to practice law in Massachusetts and Connecticut in the State, District and Bankruptcy Courts. She is a member of the Massachusetts Bar Association, Hampshire County Bar Association and National Association of Consumer Bankruptcy (NACBA). She is a member of the Amherst Rotary Club, Amherst Area Chamber of Commerce, and sits on the Board of Directors of Stavros Center for Independent Living, Inc.  She has been an MBA panelist discussing Bankruptcy issues and practice, as well as a panelist at Boston College Law School discussing career paths for attorneys and a NACBA panelist discussing social media marketing and practice.

Most challenging case:

During my first couple years of practice, a very difficult bankruptcy client misrepresented numerous assets and lied repeatedly before and after I filed her Chapter 7. I ultimately was forced to move to disappear from the case and she ultimately lost her discharge. I was naive at the time and I learned more from that case than I ever have from any case since. People often do not understand that their lies and omissions can, and very often will, come back to haunt them.

Best advice you received from the national listserv:

Document everything! Confirm all information you receive. Look into your clients’ eyes and assess each situation. Don’t be afraid to walk someone out the door if you do not believe them.

The NACBA benefit you couldn’t live without:

The national listserv, of course! I could not do what I do without the input of other members and without the amazing archives I have saved over the years.

How many years have you been practicing?

I am in my 11th year of practice and am always amazed at how much more there is to learn! The practice of law takes a ton of practice and requires a small enough ego that you are constantly ready to learn the next lesson that comes your way,

Who is your mentor – who do you look up to professionally?

More than anyone, I look up to Ingrid Hillinger, my Contracts Professor at Boston College. She has taught me so much about being human while being a lawyer, being tough but sensitive and caring, learning your trade beyond a textbook understanding, about education and empathy. Ingrid is simply amazing. She happens to be a Bankruptcy professor as well (although I never took Bankruptcy in law school).

What is your favorite part of being a consumer bankruptcy attorney?

I get to make a tangible difference in people’s lives. I can brainstorm, research, and find answers or resolutions to problems, and can almost always help my clients to make a positive change. It works both ways, as I am spared boredom and literally learn from every case.

Name an area of the law that you’d like to learn more about:

I do not have time to focus on these areas right now, but I would like to learn more about tax matters and student loan dischargeability.

Most memorable moment in NACBA:

Presenting on a panel with Jay Fleischman and John Skiba in NYC. I liked doing that.

In another life, you’d be……

An angst-ridden folk chick/singer-songwriter…or a lawyer for The Innocence Project, iIf I did not have a family. But I am so happy to have my family.

For further information on filing bankruptcy, you can contact Greta LaMountain Biagi via her website http://www.biagilaw.com/ or Twitter https://twitter.com/GretaLaMountain