John Rao
NACBA25 Highlight
Each district must decide, after receiving public comment, whether to adopt the Official Form Chapter 13 Plan or a conforming Local Form Chapter 13 plan. These plans will go into effect on December 1, 2017. Learn about this process, how to get involved, and the issues that may affect you and your clients. Our distinguished panel will also help you to understand the new bankruptcy rule changes that relate to the plans and Chapter 13 practice, including those dealing with the claim filing deadline and the ability to request secured claim valuations and judicial lien avoidance in the plan.
Presenters
Chief Judge Eric L. Frank
Eric L. Frank has been serving as a bankruptcy judge serving in the U.S. Bankruptcy Court for the Eastern District of Pennsylvania since February 2006. Prior to taking the bench, Judge Frank had more than 27 years experience as a bankruptcy practitioner and was counsel in several cases that were decided by the U.S. Supreme Court and the U.S. Court of Appeals for the Third Circuit. While in practice, Judge Frank was a shareholder in DiDonato and Winterhalter, P.C. (from 2004 to 2006), a partner in Miller, Frank & Miller (from 1991 to 2004) and a supervising attorney at Community Legal Services, Inc. (from 1978 to 1991), all in Philadelphia, PA. He served as a law clerk to the late Justice Samuel J. Roberts of the Pennsylvania Supreme Court in 1976-77 and U.S. Bankruptcy Judge Bruce I. Fox in 1986-87. From 1998 to 2005, Judge Frank served as a member of the federal Judicial Conference Advisory Committee on the Federal Rules of Bankruptcy Procedure. He is a Contributing Author to the treatise Collier on Bankruptcy (15th rev. ed.). Judge Frank is a past Chair of the Steering Committee of the Eastern District of Pennsylvania Bankruptcy Conference and a past President of the Board of Directors of the Consumer Bankruptcy Assistance Project in Philadelphia, which provides referrals and representation in chapter 7 bankruptcy cases on a pro bono basis for eligible, indigent persons. Judge Frank received his J.D. from the University of Pennsylvania Law School in 1976, where he served on the Law Review, and his B.A. from the State University of New York at Binghamton in 1973.
Hon (Ret.) Eugene Wedoff
Eugene R. Wedoff has served as a bankruptcy judge in the Northern District of Illinois (in Chicago) since 1987 and as chief judge from 2002 to 2007. He drafted the model Chapter 13 plan used in that district. Judge Wedoff has been a member of the Advisory Committee on Bankruptcy Rules since 2004 and served as its chair 2010-2014. He was a member of the working group that drafted the means test forms implementing provisions of the 2005 bankruptcy amendment. Judge Wedoff is currently the past president of the National Conference of Bankruptcy Judges. He has served as a member of the NCBJ’s Board of Governors, as its secretary, and as chair of its education committee. He is a member of the American Bankruptcy Institute and has served as an officer and member of its Executive Committee. He is a fellow of the American College of Bankruptcy and a member of the National Bankruptcy Conference. He presided over the Chapter 11 reorganization of United Air Lines. Judge Wedoff is the author of the chapter on professional employment in Queenan, Hendel and Hillinger, Chapter 11 Theory and Practice (LRP Publications, 1994), and has been an associate editor of The American Bankruptcy Law Journal. His article, “Means Testing in the New § 707(b),” was published by the American Bankruptcy Law Journal in 2005. Judge Wedoff is a frequent lecturer and has served as a member of the Federal Judicial Center’s Committee on Bankruptcy Judge Education. In 2009, he received the Lawrence P. King Award from the Commercial Law League, and in 1995, he received the Excellence in Education Award from the NCBJ.
Moderator
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).
NACBA25 Highlight
Stay Updated on the CFPB Rules That Will Have an Impact on Your Bankruptcy Firm
Major revisions to the mortgage servicing regulations, made by the Consumer Financial Protection Bureau, will become effective in 2017 and early 2018. These changes deal with a variety of important issues, including servicing transfers, loan modification applications, and loss mitigation requests from successors in interest. Most important for bankruptcy attorneys are the new regulations requiring monthly statements to be given to debtors in bankruptcy. Learn how these new rules can be used in your bankruptcy practice.
Presenters
Sarah Mancini
Sarah Bolling Mancini is Of Counsel for NCLC half-time, focusing on foreclosures and mortgage lending, and works half-time as an attorney in the Home Defense Program of Atlanta Legal Aid. She has experience representing homeowners in bankruptcy cases and litigating in state, federal district, and bankruptcy courts. She also clerked for the Honorable Amy Totenberg, U.S. District Court for the Northern District of Georgia. Sarah is a member of the Georgia Bar. She received her B.A. in public policy from Princeton University and her J.D. from Harvard Law School.
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).
#NACBA25 Highlight
Thursday, May 4th, 8:30 AM- 3:30 PM
Register Today!
PRE-CONVENTION SESSION: STUDENT LOAN WORKSHOP
You already know the importance of understanding student loans for your bankruptcy practice. This one-day, learning intense workshop will cover the basics, the complex and many topics in-between. The end result will allow you to make sense of your clients’ student loan situation and how to work it into your bankruptcy practice.
Learn where to find the information needed by your client, how to use that information and how to make mole hills out of mountains. This special pre-convention session will cover administrative discharges, all the repayment plans, the forgiveness plans and how to deal with private student loans as well. Take a look at this lineup:
Presenters:
- Joshua Cohen, Esq. The Student Loan Lawyer, West Dover, VT (Bio)
- Edward Boltz, Esq. NACBA President & Law Office of John T. Orcutt, Raleigh, NC (Bio)
- John Rao, Esq. National Consumer Law Center, Boston, MA (Bio)
Agenda (subject to change without notice)
- 8:30 – 9:00 Student Loan Industry Entities & Their Roles
- 9:00 – 9:30 Types of Federal Loans
- 9:30 – 10:00 Administrative Discharges
- 10:00 – 10:15 Break
- 10:15 – 10:45 Default Consequences
- 10:45 – 11:15 Curing the Default
- 11:15 – 11:30 Balance Based Repayment
- 11:30 – 12:30 Lunch on your own
- 12:30 – 1:00 Income Driven Repayment
- 1:00 – 1:30 Forgiveness
- 1:30 – 2:00 Repayment Plans During
- 2:00 – 2:15 Break
- 2:15 – 2:45 Private Student Loan Defense (in and out of 13)
- 2:45 – 3:30 Review of 523a(8) with Analysis.
Please note, Pre-Convention sessions take place before the convention.These sessions are NOT included with your convention registration. These sessions are add-on sessions that take place on Thursday, May 4, 2017 Register Today!
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:
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.
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).
2016 Virtual Bankruptcy Workshop Session Highlight!
Friday, December 9th
12:30 PM-1:30 PM ET
Even Cruisers Have Fears: Getting Over Your Triskaidekaphobia! Straight talk about Chapter 13
Presented by: Hank Hildebrand Esq. & John Rao, Esq.
Learn how to build a Chapter 13 practice. Plus learn recent developments in Chapter 13, creative uses of chapter 13 plans and creative plan terms, how to successfully litigate confirmation issues, when to challenge your Trustee and more.
More About the Presenters
Hank Hildebrand
Mr. Hildebrand has served as Standing Trustee for Chapter 13 matters in the Middle District of Tennessee since 1982 and as Standing Chapter 12 Trustee for that district since 1986. He also is of counsel to the Nashville law firm of Farmer, Purcell, White and Lassiter, PLLC. Mr. Hildebrand graduated from Vanderbilt University and received his J.D. from the National Law Center of George Washington University. He is a fellow of the American College of Bankruptcy and serves on its Education Committee. He is Board Certified in consumer bankruptcy law by the American Board of Certification. He is Chairman of the Legislative and Legal Affairs Committee for the National Association of Chapter 13 Trustees (NACTT). In addition, he is on the Board of Directors for the NACTT Academy for Consumer Bankruptcy Education, Inc. Mr. Hildebrand has served as case notes author for The Quarterly, a newsletter dealing with consumer bankruptcy issues and Chapter 13 practice in particular, since 1991. He is a regular contributor to the American Bankruptcy Institute Journal. He is an adjunct faculty member for the Nashville School of Law and St. Johns University School of Law.
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)
#NACBASEA Session Spotlight!
Join Us On This Expedition!
Sunday, October 9th, 11:00 AM-12:00 PM
“Chasing the Elusive White Whale: Harpooning the Current Mortgage Issues You Have to Know”
Start your adventure with our presenters, Max and John as they 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.
Presenters:
O. Max Gardner III, Esq. 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, Business Week, 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.
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).
There’s still time to receive the Early Bird Rate! Register Today!
Register for “Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems with Non-Bankruptcy Causes of Action,” Webinar
Register for NACBA’s Webinar on September 22nd
Join us for “Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems with Non-Bankruptcy Causes of Action.” Webinar at 3:00 PM EST/12:00 PM PST.
Not only will this this webinar 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. But, there’s more…
One (1) attendee/ registrant will be chosen at random to receive a copy of Chapter 13: Practice And Procedure, 2nd, 2016 Ed.. The new second edition is a guide to virtually everything you need to know about practicing law under Chapter 13 of the Bankruptcy Code. (Value $408)
Just all the more reason to join our presenters, Judge Paul W. Bonapfel, Northern District of Georgia, J. Erik Heath, Esq., Consumer Attorney, San Francisco, CA and John Rao, Esq., National Consumer Law Center, Inc. as they dive into this important subject.
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.
If you are unable to attend the live webinar, please register by September 22, 2016 at 2:00 PM Est. to receive the webinar recording, materials (copy of presentation and Non Bankruptcy Causes of Action exert from Chapter 13: Practice And Procedure, 2nd, 2016 Ed) and be registered for drawing.
Register Today! Cost is $25 for NACBA Members and $75 for Non-Members.
#NACBASEA Spotlight with Hank Hildebrand and John Rao
What in the World is Triskaidekaphobia?
Find out in the #NACBASEA Session…
“Even Cruisers Have Fears: Getting Over Your Triskaidekaphobia: Straight Talk About Chapter 13”
Join us on Sunday, October 9th from 8:15 am-9:45 am to learn how to build a Chapter 13 practice. Plus learn recent developments in Chapter 13, creative uses of chapter 13 plans and creative plan terms, how to successfully litigate confirmation issues, when to challenge your Trustee and more with our presenters, Hank Hildebrand and John Rao.
Hank Hildebrand
Mr. Hildebrand has served as Standing Trustee for Chapter 13 matters in the Middle District of Tennessee since 1982 and as Standing Chapter 12 Trustee for that district since 1986. He also is of counsel to the Nashville law firm of Farmer, Purcell, White and Lassiter, PLLC. Mr. Hildebrand graduated from Vanderbilt University and received his J.D. from the National Law Center of George Washington University. He is a fellow of the American College of Bankruptcy and serves on its Education Committee. He is Board Certified in consumer bankruptcy law by the American Board of Certification. He is Chairman of the Legislative and Legal Affairs Committee for the National Association of Chapter 13 Trustees (NACTT). In addition, he is on the Board of Directors for the NACTT Academy for Consumer Bankruptcy Education, Inc. Mr. Hildebrand has served as case notes author for The Quarterly, a newsletter dealing with consumer bankruptcy issues and Chapter 13 practice in particular, since 1991. He is a regular contributor to the American Bankruptcy Institute Journal. He is an adjunct faculty member for the Nashville School of Law and St. Johns University School of Law.
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).
NACBA Now 