CLE for Consumer Bankruptcy Attorneys

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
Jim Cossitt
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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
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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.
There’s Still Time to Register for NACBA25 

NACBA25 Highlight

Take a Step In the Right Direction!

Join this panel of four as they discuss some of the most common ethics missteps that attorneys make in representing clients in consumer bankruptcy cases.  In a top-10 format reminiscent of old David Letterman skits, the goal of this session is to interject humor into a serious discussion of ethics.
Moderator
avatar for Alex Dolhancyk
Alex Dolhancyk

With over 27 years of experience, attorney Alex Dolhancyk offers valuable insight into consumer bankruptcy cases. He is the current Georgia state chair for the National Association of Consumer Bankruptcy Attorneys (NACBA); is Board Certified in Consumer Bankruptcy Law by the American Board of Certification; and holds an LL.M (Master of Laws) in International Business Law from Emory University School of Law.

Attorney Dolhancyk has numerous reported bankruptcy cases, including Whaley v. Tennyson, 611 F.3d 873, (11th Cir. 2010), where he argued on behalf of the debtor. He is also a member/advisor on the Bench and Bar Committee for the Bankruptcy Court in the Northern District of Georgia.

He received his B.A. from the University of Tennessee which he attended on a full basketball scholarship through an administrative error. He received his J.D. from Memphis State University (now University of Memphis) and is admitted to practice in the United States Supreme Court, 6th and 11th Circuits, and in Georgia, Tennessee, and New York, and is occasionally allowed in the kitchen.

Your Panel of Experts

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William Brewer

William E. Brewer, Jr. practices law with The Brewer Law Firm in Raleigh, NC.  He graduated from the University of North Carolina, Chapel Hill with an A.B. in Economics in 1973 and a J.D. with  Honors in 1976.  He is certified as a specialist in consumer bankruptcy law by the North Carolina State Bar .  Billy began his term as NACBA’s president in 2011 and has served as a director since 1997.  He has served as a popular panelist at NACBA’s previous conventions and is noted for his sense of humor.  Mr. Brewer was inducted as a Fellow into the American College of Bankruptcy in 2009.

avatar for Gary Fraley

Gary Fraley

Mr. Fraley is the owner and founder of Fraley & Fraley Sacramento Bankruptcy Attorneys. As a practicing bankruptcy law attorney with over 37 years experience, he has filed thousands of successful bankruptcy cases.He is one of only about 154 attorneys in California that is Certified by the State Bar Board of Legal Specialization as a Bankruptcy Law Specialist. That State Bar Certification as a bankruptcy Law Specialist is held by only about 1/20 of 1 percent of all California bankruptcy attorneys. Gary Fraley is also one of the longest practicing Bankruptcy Law Specialists in the state of California.He has been teaching bankruptcy law issues and practice pointers to bankruptcy attorneys for many years. He grew up in Needles, California. He is a 1974 graduate of University of Southern California with a Bachelor’s Degree in Political Science. Mr. Fraley graduated from the University of Los Angeles School of Law in 1977.

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Nancy B. Rapoport

Nancy B. Rapoport is the Special Counsel to the President of the University of Nevada, Las Vegas.  She is also the Garman Turner Gordon Professor of Law at the William S. Boyd School of Law, University of Nevada, Las Vegas, and is an Affiliate Professor of Business Law and Ethics in the Lee Business School at UNLV.  Her specialties are bankruptcy ethics, ethics in governance, law firm behavior, and the depiction of lawyers in popular culture.  She is admitted to the bars of the states of California, Ohio, Nebraska, Texas, and Nevada and of the United States Supreme Court.  In 2001, she was elected to membership in the American Law Institute, and in 2002, she received a Distinguished Alumna Award from Rice University.  She is also a Fellow of the American Bar Foundation and a Fellow of the American College of Bankruptcy.

Don’t Miss Celebrating 25 Years of NACBA!

New NACBA Webinar! Register Today!

 

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Join us Marc Dann & Bobby Rivera for “What to do: Post HAMP for Mortgage Borrower Clients.”

Thursday, March 16th 2017

The Federal Hamp Program has come to an end, but  most mortgage loan borrowers in default will be eligible for modifications to help them stay in their home. Furthermore, once a loan modification is accepted by a Mortgage Loan Servicer strict new RESPA regulations are in place to make sure that a servicer completes the review fairly and quickly while staying foreclosure activity.

Bobby Rivera, a nationally recognized expert in loan modifications will provided a brief overview to help lawyers understanding the importance of identifying investor, trends on proprietary programs and income calculations for modification and Marc Dann, who’s firm has prosecuted more than 100 cases under Regulation X to RESPA will talk about how to use the regulations to get the information you need to obtain critical information to oppose relief from stay, prosecute claim objections and to hold servicers feet to the fire by bringing Adversaries and Lawsuits which provide for fee shifting under Regulation X to RESPA.

Register Today!

Cost is 25 for Members/$75 for Non Members

 

#NACBA25 Highlight

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Attorneys representing debtors and creditors in consumer cases appear in bankruptcy court on a regular basis. The appearances are often routine and non-evidentiary. Other times, however, the court will expect proof in the form of evidence. It is in these evidentiary hearings that attorneys must have a working knowledge of the basics of evidence. In this program, Chief Judge Williamson will cover what you need to know to have your testimonial and documentary evidence successfully received by the court and made part of the record of your case.

Your Presenter
Chief Judge Michael Williamson
 avatar for Chief Judge Michael Williamson
Judge Michael G. Williamson is chief judge of the United States Bankruptcy Court for the Middle District of Florida — one of the largest districts in the United States with courthouses in Jacksonville, Orlando, Tampa, and Ft. Myers and approximately 40,000 pending cases. He also currently serves as an Adjunct Professor at Stetson University College of Law teaching Bankruptcy Law and as Co-Author of West’s Bankruptcy Law Manual.
Judge Williamson graduated from Duke University in 1973 and from Georgetown University Law Center in 1976. He began his bankruptcy practice serving as a Chapter 7 panel trustee from 1977 to 1979. Thereafter, in the following 20 years, he represented numerous Chapter 11 corporate debtors, creditors’ committees, and trustees in bankruptcy cases pending throughout the state of Florida.
Judge Williamson is past chair of the Committee on Creditors’ Rights, Section of Litigation, American Bar Association; past chair of the Business Law Section of The Florida Bar and that section’s Bankruptcy/UCC Committee; and a Fellow of the American College of Bankruptcy.

Your Moderator

Chuck Moore

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Charles G. Moore “Chuck” is a 1987 graduate of The University of Florida where he earned a Bachelor of Science Degree in Business Administration. In 1990 Chuck graduated from Stetson University College of Law with a Juris Doctorate Degree. Soon after graduating from Law School he accepted a position as a Criminal Prosecuting Attorney with the Sixth Judicial Circuit of the State of Florida where he gained extensive litigation experience. Chuck’s practice is now limited to the representation of consumer debtors in Chapter 7 and Chapter 13 bankruptcies. Being actively engaged in the practice of law in excess of 25 years, Chuck has handled more than 2,300 bankruptcy petitions. He is an active member of the American Bankruptcy Institute, The National Association of Consumer Bankruptcy Attorneys, The Tampa Bay Bankruptcy Bar Association and the National Association of Chapter Thirteen Trustees. Chuck has served as the Florida State Chair for the National Association of Consumer Bankruptcy Attorneys in the Middle and Northern Districts of Florida since 2012. He also regularly performs numerous hours of continuing legal education, all of which are specifically limited to current issues facing Consumer Bankruptcy Debtors. Chuck represents clients in the Tampa Bay area including St. Petersburg, Clearwater, Largo, South Pasadena, St. Pete Beach, Gulfport, Seminole, Pinellas Park, Kenneth City, Treasure Island, Tampa, Sarasota and Bradenton.

#NACBA25 Highlight!

 

Jump Into Hot Topics with  Keynote Luncheon Speaker: Matt Lewis 

Friday, May 5th 

12:30-2:15 PM

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#NACBA25 is excited to announce that Matt K. Lewis  a Senior Columnist for the Daily Beast, a CNN political commentator and author of the book Too Dumb to Fail: How the GOP Betrayed the Reagan Revolution to Win Elections will be our Keynote Luncheon Speaker. Right Wing News named Matt one of the “50 Best Conservative Columnists” in 2013, 2014, and 2015. The American Conservative Union named him the 2012 CPAC Blogger of the Year. Business Insider named Matt one of the 50 “Pundits You Need To Pay Attention To Between Now And The Election” in 2011. Matt’s work has also appeared in outlets such as GQ, POLITICO, and the Guardian — and he has been quoted or cited by major media outlets including New York Magazine, the Washington Post, the New York Times, and the Associated Press. As a commentator, Matt has appeared on Fox News, MSNBC, C-SPAN, ABC’s Nightline, and HBO’s Real Time with Bill Maher.
Here’s a glimpse of Matt Lewis on one of his daily appearances on CNN

Register for #NACBA25 Today!

2016 Virtual Bankruptcy Workshop Session Highlight! Last Session Tomorrow!

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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:

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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).

Registration For The 2017 NACBA Annual Convention Is Open!

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Celebrating 25 Years of Educating, Advocating & Litigating!

Join us in Orlando, FL at the Walt Disney World Swan and Dolphin Resort, Thursday, May 4 through Sunday, May 7, 2017

Registration is Open for the 25th Annual NACBA Convention!

The National Association of Consumer Bankruptcy Attorneys is excited to celebrate 25 years of educating, advocating, and litigating with you in one of the most, “Happiest places on earth…” Disney World! Join us at the beautiful Walt Disney World Swan and Dolphin Resort on May 4th-7th for prominent keynote speakers such as best selling author Ross Bernstein, Professor,  National Legal Evidence Expert, Professor Edward Imwinkelried, a student loan pre-conventions session, exhibitors, relevant sessions, a launch party, circuit meetings, fireside chats and of course Mickey and Minnie! There are so many reason to register today!

Visit NACBA25 for everything you’ll need to know including:

Registration is open for NACBA25 so give yourself and your family a gift and come join us in Disney! Receive savings with the Early Bird Registration rate of $695.00, but don’t delay it ends March 2nd, 2017.

The 2017 NACBA Conventions is the must go to event for any Consumer Bankruptcy Attorney. Just listen to what attendees have to say about why they attend NACBA and why you should too!

 

2016 Virtual Bankruptcy Workshop Session Highlight

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Ready for a second round of sessions of the 2016 Virtual Bankruptcy Workshop?

Friday, December 16th 

12:00 PM-1:00 PM ET

Sailing the Supreme Court Seas: The Top Supreme Court Consumer Bankruptcy Decisions
Presented by: Tara Twomey, Esq. & Henry Sommer, Esq.

It may not be the best court, but it’s the highest court and it is the last word for sailors of the bankruptcy globe. This panel will navigate the Court’s decisions on important consumer bankruptcy issues, including, exemptions, dischargeability, claims, discrimination, chapter 13 plans, lien stripping, and more.

There is still time to Register even if you didn’t register for session one on December 9th. Register today and still receive the recording for session one and session two if you are unable to attend.

About Our Presenters:

avatar for Henry Sommer

Henry Sommer

Henry J. Sommer is Supervising Attorney at the pro bono Consumer Bankruptcy Assistance Project in Philadelphia. He has litigated many major cases involving bankruptcy, consumer law, civil rights and other issues. Previously, he was the head of the Consumer Law Project at Community Legal Services in Philadelphia, where he worked for over 21 years. Mr. Sommer has also served as a Lecturer-in-Law at the University of Pennsylvania Law School and is an Adjunct Professor at Temple University School of Law. He received his A.B. degree from Harvard College, magna cum laude and his J.D. degree from Harvard Law School, cum laude.

Mr. Sommer is Editor in Chief of Collier on Bankruptcy and the entire Collier line of bankruptcy publications. He is the author of Collier Consumer Bankruptcy Practice Guide (Matthew Bender); Consumer Bankruptcy Law and Practice, (9th Ed. 2009) published by the National Consumer Law Center, Boston, Ma., and Consumer Bankruptcy: The Complete Guide to Chapter 7 and Chapter 13 Personal Bankruptcy (John Wiley & Sons 1994) as well as numerous articles on bankruptcy law. He is the co-author of Collier Family Law and the Bankruptcy Code (Matthew Bender).

Mr. Sommer is a former President of the National Association of Consumer Bankruptcy Attorneys (NACBA), a former member of the Federal Judicial Conference Advisory Committee on Bankruptcy Rules (appointed by the Chief Justice of the Supreme Court) and a member of the National Bankruptcy Conference. He is a Fellow of the American College of Bankruptcy, a member of the American Law Institute, and a former member of the Federal Reserve Board Consumer Advisory Council. He is also President of the National Consumer Bankruptcy Rights Center and a former Chairman of the Eastern District of Pennsylvania Bankruptcy Conference.

He has been asked to testify many times before the House and Senate Judiciary Committees, as well as the National Bankruptcy Review Commission, on bankruptcy and consumer law issues. He has served on the faculty of numerous continuing legal education programs including those presented by the Federal Judicial Center, NYU Law School, the National Conference of Bankruptcy Judges, the Southeastern Bankruptcy Law Institute, the Executive Office of U.S. Trustees, the ABA Family Law Section, NACBA, ALI-ABA and the Pennsylvania Bar Institute. Mr. Sommer was the first recipient of the National Consumer Law Center’s Vern Countryman Consumer Law Award.

avatar for Tara Twomey

Tara Twomey

Tara Twomey is the Amicus Project Director for the National Association of Consumer Bankruptcy Attorneys and currently Of Counsel to the National Consumer Law Center. She is currently a Lecturer in Law at Stanford, and has previously lectured at Harvard and Boston College Law Schools. Tara is a former Clinical Instructor at the Hale and Dorr Legal Services Center of Harvard Law School where her practice focused, in part, on sustainable homeownership for low- and moderate-income homeowners. She is a contributing author of several books published by the National Consumer Law Center including, Foreclosures: Defenses, Workouts and Mortgage Servicing and Bankruptcy Basics. Ms. Twomey is also a co-principal investigator, along with Professor Katherine M. Porter of the University of Iowa, for a national study examining mortgage claims in consumer bankruptcy cases.