#NACBA25 Highlight

NACBA25 Highlight

Having confidence that you’re going to get paid eventually is one thing, but there is no denying that paying for the costs of discovery in advance can be a real burden for consumer bankruptcy lawyers. This session will focus on learning how to distinguish between what discovery expenses are absolutely necessary. It will also address acceptable shortcuts / alternative means of evidence gathering that can go a long way in making the difference between the dream of adding the excitement and income from litigation to your consumer bankruptcy practice and making it a reality.

Meet Your Presenters

Thad Bartholow

avatar for Thad Bartholow

Thad Bartholow is a partner with the Dallas, Texas law firm of Armstrong Kellett Bartholow P.C.  In addition to consumer bankruptcy, Mr. Bartholow’s practice focuses on individual and class-action litigation on behalf of consumer debtors in state, federal, and bankruptcy courts.  He has spoken at local, regional and national conferences regarding issues related to consumer bankruptcy and consumer litigation, and Mr. Bartholow has obtained several favorable written opinions on issues related to objections to proofs of claims and creditors’ standing / status as a real party in interest with authority to participate in bankruptcy proceedings.  Mr. Bartholow is a member of NACBA, NACA, and a graduate of Max Gardner’s Bankruptcy Boot Camp.

Philip Zuzolo

Since 2007 Philip Zuzolo has been practicing consumer law in Northeast Ohio, concentrating on litigation involving the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Ohio Consumer Sales Practices Act, and the Real Estate Settlement Procedures Act in both the state and federal courts.  Attorney Zuzolo has also focused a great deal of his practice on litigating cases against creditors in the Bankruptcy Court for the Northern District of Ohio.

Attorney Zuzolo received a Bachelor of Arts from John Carroll University and his juris doctorate from The University of Akron School of Law.  Prior to law school, Attorney Zuzolo served in the United States Army and attained the rank of Captain.  He is admitted to the Ohio Supreme Court, the United States District Court for Northern and Southern Districts of Ohio, the United States Bankruptcy Court for the Northern District of Ohio, and the Sixth Circuit Court of Appeals.  He is a member of the Trumbull County Bar Association, National Association of Consumer Lawyers, the Board of Directors for ETI Technical College, and is a member and Secretary for the Nathaniel R. Jones American Inn of Court.  Attorney Zuzolo is a 2008 graduate of Max Gardner’s boot camp.  In 2016, Attorney Zuzolo was awarded with the Trumbull County Volunteer Lawyer of the Year award, as well as the Special Recognition Award from the Trumbull County Bar Association for his volunteer work.

Moderator 

Rachel Foley

Rachel Foley began her bankruptcy career with the United Auto Workers representing GM and Ford employees in Chapter 13 and 7’s. Rachel was the only bankruptcy attorney for the Missouri auto workers and it was not unusual for her to manage 3 – 4 times the regular attorney caseload at any given time. This provided a vast array of case scenarios, experience and knowledge that Rachel continues to pull from today. Where ever the client was located, the Union ensured the auto worker would have representation, including but not limited to being incarcerated in Leavenworth Federal Prison. Where ever that client was located, Rachel made sure they received the very best level of bankruptcy representation.

In addition to her training through the UAW, Rachel’s background as a Risk Manager for Clarkson Regional Health Center and 20 years’ experience in the emergency room as a Registered Respiratory Therapist, makes her uniquely qualified to argue a variety of cases. Rachel has been recognized for her constant commitment to the representation of debtors. Rachel is the inaugural winner of the K. Colleen Nunnelly Award by the National Association of Consumer Bankruptcy Attorneys and recognized by her peers as being the Best of the Kansas City Bar in the area of bankruptcy. These recognitions are in addition to being named to the Pro Bono Wall of Fame by the Missouri Bar Association.

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NACBA25 Session Highlight

Join presenters Gary Bluestein and Robert Mckenzie along with moderator Brett Weiss as they address the strategies, traps and pitfalls when dealing with the IRS as a creditor in bankruptcy.  This will include the impact of a Federal tax lien on exempt and excluded assets, how a Collection Due Process Appeal can affect the timing provisions for priority tax status and the impact of a Substitute for Return or delinquent return filing on dischargeability.

Meet Your Presenters and Moderator

avatar for Brett Weiss

Brett Weiss

Brett Weiss, a senior partner at Chung & Press, LLC, has been representing people and businesses in all phases of bankruptcy for over 25 years. He has experience in com¬plex individual Chapter 7, Chapter 11 and Chapter 13 bankruptcy cases, and in Chapter 11 small business restructuring and reorganization. Mr. Weiss lectures nationally on bankruptcy issues. He has spoken before the National Conference of Bankruptcy Judges, and is a regular speaker before the National Association of Consumer Bankruptcy Attorneys, the Maryland Bankruptcy Bar Association and Maryland State Bar Association. He has testified before the Federal Bankruptcy Rules Committee and has twice testified before Congress on bankruptcy and credit issues. Brett Weiss is the co-author of “Individual Bankruptcy Under Chapter 11” for LexisNexis, and has written “Not Dead Yet: Bankruptcy After BAPCPA,” for the Maryland Bar Journal, as well as hundreds of blogs for the Bankruptcy Law Network. Mr. Weiss has received international media attention in connection with his work. He was interviewed by Barbara Walters on The View, has appeared on the Today Show, Good Morning America, ABC News with Peter Jennings, the Montel Williams Show, NPR, AARP-TV, the BBC World Service, German state television, and numerous local radio and television programs, and been quoted in Money magazine, The Washington Post and The Baltimore Sun, among others. Brett Weiss is the Maryland State Chair for the National Association of Consumer Bankruptcy Attorneys, a founding member of the Bankruptcy Law Network, on the board of the Maryland State Bar Consumer Bankruptcy Council, and a member of the American Bankruptcy Institute, the Bankruptcy Bar Association of Maryland, and the Civil Justice Network. He has been recognized as a “Super Lawyer” every year since 2007 for Maryland and the District of Columbia, and in 2011 received the Distinguished Service Award from the National Association of Consumer Bankruptcy Attorneys for his work on behalf of consumers across the country. Mr. Weiss is admitted to practice before Maryland and District of Columbia federal and state courts, the United States Courts of Appeals for the DC and Fourth Circuit, The United States Tax Court, and the Supreme Court of the United States, and has been practicing law since 1983.

avatar for Gary Bluestein

Gary Bluestein

Gary Bluestein, focuses his practice exclusively on tax representation.  Prior to entering private practice, Gary served as a Senior Attorney for the Internal Revenue Service and was a Special Assistant United State’s Attorney.  Gary was hired by the Department of Treasury through the Government’s Honors Program.  During his Government Service, Gary represented the IRS in both the United States Tax Court and the United States Bankruptcy Court.  He also served on several National Task Forces addressing IRS enforcement issues and received numerous Government Merit Awards for his work related thereto.

Gary is an Adjunct Professor of Tax Practice & Procedure at the University at Buffalo School of Law and has taught in the Canisius College’s Master in Tax Program.  Gary frequently lectures and writes on a variety of topics relating to tax representation for numerous local and national professional groups.  He is a member of the Erie County Bar Association, the Tax Committee and the Bankruptcy Committee, and serves on the Planning Committee for the Institute on Taxation.  Gary has also made appearances on local television and radio shows and was named in Business First’s “Who’s Who in the Law” and in New York State Super Lawyers for his expertise in Tax Practice.

Gary is admitted to practice in the State of New York, the United States Tax Court, the Bankruptcy Court and the Western District Court for the State of New York. He received his Juris Doctor from the State University of New York at Buffalo, School of Law in May of 1984.  Gary received a Bachelor of Arts in Psychology, cum laude, from the State of New York College at Albany in 1981.

avatar for Robert McKenzie

Robert Mckenzie

Robert E. McKenzie is a partner of the law firm of Arnstein & Lehr LLP of Chicago, Illinois, concentrating his practice in representation before the Internal Revenue Service and state agencies. He has lectured extensively on the subject of taxation. He has presented courses before thousands of CPA’s, attorneys and enrolled agents nationwide. He has made numerous media appearances including Dateline NBC and The ABC Nightly News. Prior to entering private practice, Mr. McKenzie was employed by the Internal Revenue Service, Collection Division, in Chicago, Illinois. Since entering private practice, he has dedicated a major portion of his time to representation before the IRS.  From 2009 to 2011, Mr. McKenzie was a member of the IRS Advisory Council, which advises IRS management. He was council director of the ABA Tax Section (1998-2001). He was vice chair of the ABA Tax Section (2003-2005). Mr. McKenzie is past chairman of the Employment Tax Committee, past co-chair of the Task Force for Bankruptcy Legislation of the ABA Section on Taxation and past chairman of the Chicago Bar Association Federal Tax Committee. He was dean of the National Tax Practice Institute (1998-2002). Mr. McKenzie serves on Arnstein & Lehr’s Executive Committee. Additional information can be found on Mr. McKenzie’s website, mckenzielaw.com, where he also keeps an active tax blog.

Learn More About NACBA25!

#NACBA25 Highlight: Platinum Sponsor: BK Billing

NACBA is excited to welcome BK Billing as a Platinum Sponsor at our 25th Annual Convention in Orlando, Florida, May 4th-7th. When you visit BK Billing you will experience the bankruptcy revolution that will make your job as an attorney much easier and will leave your clients feeling satisfied.  BK Billing  is a factoring company that buys accounts receivable from bankruptcy attorneys.  By following the bifurcation process of fast funding, automated billing, and credit reporting used by attorneys nationwide, you can now offer a zero dollar down option for their bankruptcy clients and still get paid in full.

Does this sound like something you’d like your firm to take advantage of? Well, you’re in luck because BK Billing is graciously extending their $595 savings offer (no set-up fee), to all NACBA members through May 7, 2017 a savings you won’t want to miss! But, wait there’s more!

BK Billing is holding a CLE session on Thursday, May 4th  at 5:00 p.m. in Room Asia 4. In this session, BK Billing Experts will review applicable case law on bifurcation and offer a free 275-page book, complete with legal memos, so you can better understand this process. Is your interest peaked? Then take a moment to read the Transcript for the Pre-NACBA Convention Call on Bifurcation, where BK Billing discusses how you can double or maybe even triple your Chapter 7 Production in the next 90 or 120 days by following case long Bifurcation and using their services.

Wait, here is yet another reason you’ll want to visit BK Billing…All Convention attendees receive a FREE copy of the 2017 United States Bankruptcy Code and Rules Booklet, 2017 Edition, when they visit BK Billing! No purchase is necessary, just stop by the BK Billing area and request your copy.

Visit the private Facebook Group for Attorneys to join the conversation!

Don’t Miss This Golden Opportunity!

Visit the BK Billing Exhibit Booth!

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.

10 Very Good Reasons Why You Should Attend #NACBA25!

There are too many reasons for us to list on why you should attend NACBA’s 25th Annual Convention, but we’ve come up with 10 very good and even fun reasons why you should be at the magnificent Walt Disney World Dolphin Hotel, May 4th-7th in Orlando, Florida!

  1. Awesome Keynote Speakers: NACBA is bringing you  incredible Keynote Speakers such as national legal evidence expert, Professor Edward Imwinkelried, best selling author Ross Bernstein, award winning filmmaker, Billy Corben, and senior columnist for the Daily Beast, CNN political commentator and author, Matt K. Lewis.
  2. Continuing Legal Education Credits: With past NACBA Conventions being approved for over 20 credit hours (including ethics) in all 50 states and Puerto Rico, NACBA’s 25th Annual Convention is your one stop, professional development,  legal education event that satisfies most, if not all, CLE compliance periods.
  3. Pre-Convention Sessions: Start your learning early with not one but two pre-convention sessions!  You can register for either NACBA’s Student Loan Workshop or FDCPA: Extreme!
  4. It’s a Family Affair! Bring the whole family to enjoy the most magical place on earth! We have you covered with discounted Disney Park, Universal Studios and Sea World Tickets! Your kids will absolutely love this quick getaway!
  5. Engage with Colleagues in NACBA’s Circuit Meetings: New this year, NACBA will host individual circuit meetings for sharing of ideas and the latest “round-up” of what is taking place in the circuit where you practice.
  6. Mickie and Minnie: NACBA has finalized a special photo session during the convention with Mickey and Minnie Mouse. Why stand in line at the parks to meet characters? NACBA has arranged a commemorative photo opportunity for convention attendees and their families included with registration.
  7. The NACBA25 Lineup: This year’s convention schedule is chock-full of stellar expert speakers who will capture your attention with timely and advanced topics. Even the most seasoned bankruptcy attorney will be challenged.
  8. An Abbreviated Saturday Schedule: Given the location and that many attendees may include family, the committee planned an abbreviated schedule on Saturday, May 6th so attendees could take in the Walt Disney World parks and surrounding Orlando area without missing valuable CLE seminars.
  9. Access to Playback NACBA: Through the PlaybackNACBA website, bankruptcy attorneys are able to watch presentations that they were unable to attend the week of May 8, 2017.
  10. Celebrate 25 years of NACBA!Last, but certainly not least you are cordially invited to attend a special #NACBA25 Anniversary Party on Friday, May 5th (6 PM-9 PM) that will include a live concert, food trucks, desserts and perhaps some Disney magic. If no magic, we may just open the bar! This is our way of thanking your for your membership and support for the past 25 years!

Can you think of a reason not to attend?

Register today, if you haven’t already and get ready for what’s promised to be one of NACBA’s most memorable conferences to date!

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

avatar for William Brewer

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.

avatar for Nancy Rapoport

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!

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

avatar for Sarah Mancini

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.

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).

Register for NACBA25 Today!