Bankruptcy Attorneys

NACBA Announces Resignation of Jim Haller & Election of John Colwell as President

NACBA’s Board of Directors announces that NACBA President, James J. “Jim” Haller, has tendered his resignation, as a member of NACBA’s Board of Directors and as its President. The Board has filled the vacancy in the office of President with the unanimous election of current Board member and Vice President John Colwell (San Diego, CA) as our new President.

The Board deeply appreciates Jim Haller’s tireless efforts on behalf of the organization over many years. His passion for advocacy, education, and litigation have been contagious, and his leadership has helped keep NACBA moving in a positive direction.

With John Colwell’s election as President, the Board also unanimously elected Board member Ed Boltz (Durham, NC) to fill the Vice President’s position. In addition, due to Board member Pam Stewart’s resignation as NACBA’s Secretary, the Board has unanimously elected Board member Eugene “Gene” Melchionne (Waterbury, CT) as our new Secretary. Pam will also continue to serve as a Board member.

NACBA’s bylaws (section 4.8) provide that vacancies on the Board may be filled by the affirmative vote of a majority of the then members of the Board of Directors.

The Board of Directors, as it considers filling the remainder of the term (expiring April 2018) for the Board seat vacated by Jim Haller, is now inviting letters of interest from NACBA Members who are interested in serving as a Director.

The board is responsible for establishing policies and standing rules of NACBA, and for overseeing the affairs and budget of the association. The board meets approximately 12 times per year via teleconference (90-120 mins) and two in-person meetings (Annual Convention and Board Retreat). Please submit a letter (no more than 350 words) of interest by email to by November 15, 2017. The Board will review the letters of interest and anticipates making its selection later this year.

For more information about serving on the NACBA Board, please contact sitting Board members. Email addresses can be found by visiting NACBA’s Find an Attorney.

New NACBA Member Promotion!


Renew Your Membership for a Chance to Win!

Renew your membership this month and be entered to win a copy of NCLC’s Quick Guide to Federal Evidence and Objections (value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.

In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning two great items from NACBA. Two (2) winners will be chosen at random each month.

NACBA25 Highlight

Speakers Jim Cossitt and Koury Hicks with Moderator, Greta LaMountain Biagi will focus on counsel’s legal and ethical duties concerning reaffirmation agreements, covering everything from pre-petition responsibilities to representing the Debtor at the reaffirmation hearing.  “To Reaffirm or Not to Reaffirm: What Are The Factors?” will also cover many of the current issues related to the reaffirmation process, including an overview of the cases and practical advice related to vehicle, vehicle lease and mortgage reaffirmations, as well as reaffirmation alternatives and ride-through.
Your Presenters
avatar for Jim Cossitt
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.
Koury Hicks
avatar for Koury Hicks
Koury Hicks is a Board Certified Specialist in Consumer Bankruptcy Law, and has been practicing bankruptcy law exclusively since 2008.    He has spoken at the 2011 and 2013 North Carolina Bar Association Annual Bankruptcy Institute Seminars on Means Test issues and Trustee Audits.  He is also a regular speaker at the Middle District Bankruptcy Seminar regarding Chapter 13 consumer practice and mortgage issues.   In 2012, Koury co-authored the North Carolina Bankruptcy Practice Manual chapter on Means Testing.  Koury is a 2006 graduate of the University of New Mexico School of Law, and a survivor of O. Max Gardner’s bankruptcy boot camp.

2016 Virtual Bankruptcy Workshop Session Highlight! Last Session Tomorrow!


Friday, December 16th

2:00 PM-3:00 PM

Chasing the Elusive White Whale:Harpooning the Current Mortgage Issues You Have to Know
Presented by: Max Gardner, Esq. & John Rao, Esq.

Max and John will bring you up to date on loan modifications in and outside of bankruptcy, post-bankruptcy collection abuses after final cure, the new proof of claim attachment, catching servicers who misapply chapter 13 payments, new servicing regulations on monthly statements for debtors in bankruptcy, and more.

Register Today and Receive Recordings and Materials for Session 1 &2

About the Presenters:

avatar for Max Gardner

O. Max Garner III

O. Max Gardner III, Esq.Max is recognized as one of the leading lawyers in America in the area of Predatory Mortgage Servicing and the standing of Mortgage Servicers in consumer bankruptcy cases. His position on the front lines of the war against predatory lenders and mortgage servicers has captured the attention of ABC News Nightline, CNN, BusinessWeek, The New York Times, The Washington Post and many other news outlets across the country.Gardner received his undergraduate degree from the University of North Carolina at Chapel Hill in 1969 and graduated with high honors from the UNC School of Law in 1974. Among others, he was a member of the Law Review, named the Outstanding Law Graduate of 1974, served as President of the Student Bar Foundation and was elected to the Order of the Coif. Following graduation, he served as the Senior Law Clerk to the Hon. William H. Bobbitt, the late Chief Justice of the North Carolina Supreme Court, and as Senior Law Clerk to the Hon. William Copeland, an Associate Justice of that Court.

Max has been the lead attorney of record in many landmark cases but some of his most significant were Marshall v Spindale Savings & Loan, Stark v Crestar Mortgage, the Shelby Yarn Employees litigation, and Smith v First Union National Bank.

avatar for John Rao

John Rao

John Rao is an attorney with the National Consumer Law Center, Inc. Mr. Rao focuses on consumer credit and bankruptcy issues and has served as a panelist and instructor at numerous bankruptcy and consumer law trainings and conferences. He has served as an expert witness in court cases and has testified in Congress on consumer matters. Mr. Rao is a contributing author and editor of NCLC’s Consumer Bankruptcy Law and Practice; co-author of NCLC’s Foreclosures; Bankruptcy Basics; Guide to Surviving Debt; and NCLC Reports: Bankruptcy and Foreclosures Edition, and contributing author to NCLC’s Student Loan Law. He is also a contributing author to Collier on Bankruptcy and the Collier Bankruptcy Practice Guide. Mr. Rao serves as a member of the federal Judicial Conference Advisory Committee on Bankruptcy Rules, appointed by Chief Justice John Roberts in 2006. He is a conferee of the National Bankruptcy Conference, fellow of the American College of Bankruptcy, vice-president for the National Association of Consumer Bankruptcy Attorneys, and former board member for the American Bankruptcy Institute. He is an adjunct faculty member at Boston College School of Law. Mr. Rao is a graduate of Boston University and received his J.D. in 1982 from the University of California (Hastings).

New November Webinar! Register Today!

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Complimentary Webinar for NACBA Members

6 Key Numbers Every Bankruptcy Attorney Must Know

Date: November 17, 2016
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 minutes)
Presenter: Stephen Fairley, CEO of The Rainmaker Institute
Cost: No Cost to NACBA Members – Member Benefit

There are 6 critical numbers every bankruptcy lawyer running and growing a business needs to understand and review every month. Unfortunately, many attorneys don’t have the systems in place to obtain these numbers nor do they know which numbers are the most critical to their success. If you don’t know your numbers you cannot build a financially successful law firm! This webinar will provide you with the tools you need to accurately gauge the financial stability and health of your business.

In this information-packed webinar you will discover:

  • The 6 key metrics you need to track.
  • How to determine your cash flow so you can plan for future growth.
  • 5 areas you need to upgrade to take your law firm to the next level.

Don’t miss this informative webinar, Register HERE.

Stephen Fairley

Stephen Fairley is the CEO of The Rainmaker Institute, the nation’s largest law firm marketing company specializing in lead conversion for small to medium size law firms. Over 18,000 attorneys nationwide have benefited from learning and implementing the proven marketing and lead conversion strategies taught byThe Rainmaker Institute. A nationally recognized law firm marketing expert, Stephen is also an international best-selling author.

Bankruptcy News Briefs 10/11

NACBA Finds Headlines That Matter To You!


Consumers Report Mortgages and Student Loans are Top Forms of Debt

Consumer Borrowing Grows at Record Pace in August

ACA Submits Comments Opposing the CFPB’s Payday Lending Proposed Rule

CFPB Releases Revised Military Lending Act Exam Procedures

Surrender Ends State Foreclosure Fight

In Long Awaited Decision, DC Court of Appeals Rules CFPB Structure is Unconstitutional

ND Calif. Holds Numerous Unwanted Calls Required for TCPA Standing

Appeals Panel Deals Setback to Consumer-Watchdog Agency

CFPB Director’s Power Trimmed by U.S. Appeals Court Ruling

How Much Debt Do Americans Really Have

U.S. Navy Federal Credit Union to pay $28.5 million over debt collection issues

The Biggest Source of Debt for Americans in Every State

Upcoming NACBA Events

NACBA Webinars Web Banner (1)

6 Key Numbers Every Bankruptcy Attorney Must Know

Date: November 17, 2016
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 minutes)
Presenter: Stephen Fairley, CEO of The Rainmaker Institute
Cost: No Cost to NACBA Members – Member Benefit

Register HERE

Save the Date for NACBA’s Silver Anniversary Annual Convention

2017 NACBA’s 25th Annual Convention
Thursday, May 4’th – Sunday, May 7’th, 2017
Orlando, Florida


Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Register for the, “7 Keys to Building a Referral-based Law Firm” Webinar!


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NACBA is excited to host a new webinar this month, “7 Keys to Building a Referral-based Law Firm,” on Wednesday, September 14, 2016, 3:00 PM EST / 12:00 PM PST with Stephen Fairley, CEO, The Rainmaker Institute.

Every attorney wants a referral-based practice, but most attorneys struggle to consistently get enough referrals. Stephen Fariley has uncovered the secrets of referrals and will teach you:

  • The 3 biggest reasons why you’re not getting more referrals…and what to do about it
  • Creating a plan to double your referrals in the next 6 months
  • The 4 most commonly overlooked places to increase your referrals

Read more about our presenter, Stephen Fairley!

Stephen is the CEO of The Rainmaker Institute, the nation’s largest law firm marketing company specializing in lead conversion for small to medium size law firms. Over 10,000 attorneys nationwide have benefited from learning and implementing the proven marketing and lead conversion strategies taught by The Rainmaker Institute, LLC.

He works exclusively with attorneys to find new clients fast using online and offline legal marketing strategies and to convert more prospects into paying clients using automated marketing and by fixing their follow up systems.

Stephen is a nationally recognized law firm marketing expert and the international best-selling author of 12 books, a library of cutting edge webinar programs, and 10 audio and video training programs

Don’t miss this opportunity to build up the referrals in your firm!



3 Reasons to Register for #NACBASEA Fall Workshop Today!

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Beside the obvious reason to register for the #NACBASEA Fall Workshop on October 6th-9th such as the great sessions, dynamic speakers CLE, the opportunity to network and a fabulous cruise ship here are three other reasons to register today and receive the Early Bird Rate:

  1. All Fall Workshop Registrants will receive, at no additional cost, a copy of NCLC’s Quick Guide to Federal Evidence and Objections (value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case — all in only 21 pages.
  2. All Fall Workshop Attendees will receive, at no additional cost, seven days (7) of complete access to the NCLC Digital Library (October 7 – October 14, 2016).
  3. Throughout the Fall Workshop, all attendees will be registered for a chance at winning 1 of 10 NCLC Consumer Bankruptcy Law & Practice 2016 Eleventh Edition (value $140). NACBA will be giving away up to 10 copies of the NCLC Consumer Bankruptcy Law & Practice 2016 Eleventh Edition.

Don’t miss the boat!

Register Today for the Early Bird Rate and Set Sail with NACBA for an Unforgettable Voyage!

Early Bird Rate Ends Today!

Bankruptcy News Briefs 6/22


Catch Up On Today’s News…

Debtor may not modify default interest rate.

Rep. Austin Scott’s (R-GA) Bills Undercut Lifeline, Limiting Economic and Education Opportunities for Low-Income Families

F.H. Cann Receives ATO From Department of ED for Student Loan Collections

Millions of U.S. Consumers Escaping Subprime Credit

Counsel’s Corner: Changes to the FDCPA Landscape

Freddie Mac Peddles More Deeply Delinquent Loans



NACBA Webinars Web Banner (1)

Leveraging the Power of Social Media:
Using Facebook and Content Marketing to Get More Leads

DATE: Tuesday, July 7, 2016
COST: Free to NACBA Members
PRESENTER: Stephen Fairley, The Rainmaker Institute


Early Bird Rate Ends July 29th!

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NACBA is pleased and excited to announce the return of our Members-Only Fall Event!

Mark your calendars, save the dates, and make it a family affair on NACBA’s maiden voyage at sea!  Check out the Schedule and Register Today! 


Check out the moments that made #NACBASF a success! Visit the NACBASF Album on ourFacebook page  and make sure to like us so you can keep up to date on all our offerings!

Visit Playback NACBA for access to a wide array of the sessions from #NACBASF.

Upgrade to the WORKS



Need some extra help at your law firm? Ruby® Receptionists is a virtual receptionist service ideal for solo and small firm attorneys. Ruby® Receptionists makes stellar impressions and sets your practice apart – at a fraction of the cost of an on-site employee. NACBA Members receive 5% discount on all of plan including free setup ($95 value).


Take advantage of the many exciting educational events on the horizon along with the invaluable resources NACBA provides you won’t want to miss out on these member only benefits Renew Today! 

If you are not a member of NACBA please Join Today!