#NACBA25 Sessions

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

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.

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.

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.

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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

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

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 Session Highlight

The preparation of the schedules should act as a road map so your Trustee doesn’t get lost. Receive tips from a Trustee and Debtors Counsel on how to best build schedules, prepare your client and communicate with the trustee to make the 341 meeting and administration of the estate a seamless endeavor.

Your Presenters:

Robert Colliersmith

Mr. Colliersmith received his undergraduate degree from Emory University and his J.D. from Mercer Unversity, Walter F. George School of Law. He has practiced bankruptcy law in the Northern District of Georgia since 1980. He practices with his wife and partner, Carol A. Colliersmith, exclusively in the area of small business and consumer bankruptcy. Mr. Colliersmith has presented at prior NACBA Conventions, ABI Conventions, State Bar Conventions and local bar presentations and was a member of the State Bench and Bar in Georgia. He and Carol Colliersmith were former Co-Chairs of NACBA in the State of Georgia and Mr. Colliersmith received the Colleen Nunnelly Memorial Award from NACBA. He volunteers to represent clients pro bono under a program of Georgia State School of Law which mentors law students regarding the actual practice of bankruptcy law in which the law students assist in the preparation and procedure of the filing and process of consumer bankruptcy and has testified in Bankruptcy Court as an expert witness regarding the process of consumer bankruptcy petition preparation.

Chuck Moore

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.

Traci Stevenson

Traci K. Stevenson is a 1982 graduate of Rollins College in Winter Park, Florida where she earned a Bachelor of Science with Honors in Business Administration. Before attending law school, she was a police officer and labor negotiator among other things. In 1991 Traci graduated cum laude from Stetson University College of Law with a Juris Doctorate degree. Soon after graduating she was appointed by the Office of United States Trustee as a chapter 7 bankruptcy panel trustee and has been a panel trustee for twenty five years. Traci is also a consumer bankruptcy attorney representing debtors. Her third area of practice is as a State of Florida Supreme Court Certified Civil Circuit mediator. She was involved in developing the Mortgage Modification Mediation program in the bankruptcy court in all the districts of Florida and has participated in over Three thousand mediations thus far. She is a member of National Association of Consumer Bankruptcy Attorneys and of the Tampa Bay Bankruptcy Bar Association.

Register Today for this Great Session & More!

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

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

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.

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.

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

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).

Register for NACBA25 Today!

NACBA25 Highlight

Join Stephen Fairley from the Rainmaker Institute as he discusses 3 stages every law firm goes through to break the 7-figure barrier. At each stage there are different challenges that must be faced and overcome to grow to the next level. Since 1999, The Rainmaker Institute has trained over 18,000 attorneys and helped hundreds of their clients break 7-figures. If you’ve struggled to scale to a million dollars or more in your law firm you need to attend and discover:

What are the 5 key challenges you must face to grow to the next level
How to go from being an business operator to a business owner
The 10 major parts of every successful law firm
Specific steps you must take to build a lifestyle law firm that provides the income you want to enjoy the life you want

Read More About Your Presenter:

Two-time international best-selling author, Stephen Fairley is the Founder and CEO of The Rainmaker Institute, the nation’s largest law firm marketing company specializing in marketing and lead conversion for small to medium law firms. Over 18,000 attorneys nationwide have benefited from learning and implementing the proven Rainmaker Marketing System.

Stephen was academically trained as a clinical psychologist and ran 2 successful small businesses prior to focusing on the legal marketplace.

Since 1999, he has built a national reputation as a legal marketing expert and been named, “America’s Top Marketing Coach.” He has spoken numerous times for over 35 of the nation’s largest state and local bar associations.

Stephen has appeared in Inc and Entrepreneur magazines, has authored 12 books, taken 15 cruises, and traveled to 41 countries. He resides in Phoenix with his wife of 20 years.

Come Celebrate 25 Years of NACBA! Register Today!

It’s the Last Day for the Early Bird Rate!

#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

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

Celebrate 25 Years of NACBA! Register Today!

#NACBA25 Highlight

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Friday, May 5th

4:15 PM- 5:30 PM

Not all student loan debt is created equal. Enhance your practice by assisting new and past clients with student loan debt. In “Debunked: Dischargeability of Student Loans,” Bethany Lape and Austin Smith explore recent case law that challenges this well-known myth and common scenarios that you will encounter. You will learn how to simplify the process with a new tool in Best Case® Bankruptcy which can help identify next steps using built-in tools and documents. Plus, review the Jurisdictional Scorecard™ to learn the likelihood of discharging student loan debt in your area.

More About Our Presenters:

Bethany Lape

Bethany Lape is the Director of Products at CINgroup and has worked for over ten years to provide products and services for both bankruptcy attorneys and debtors. The problem of student loan debt has been of particular interest to her, and she has been passionate about developing a tool to help attorneys find solutions for their clients. Bethany believes bankruptcy attorneys will play an essential role in resolving the student loan debt epidemic.

Austin Smith

Austin Smith is a litigator who focuses on discharging private student loans in bankruptcy. Smith’s article, The Misinterpretation of 11 USC 523(a)(8), was foundational in articulating the proper scope and application of the student loan non-dischargeability provision of the Bankruptcy Code, and its arguments and reasoning have been adopted by bankruptcy courts all across the country. Smith’s work on behalf of debtors has been profiled by the Wall Street Journal, NPR, ABC News, Fox News, The Financial Times, the National Law Journal, the American Bankruptcy Institute, and more.

Register for These Great Sessions & More at NACBA25

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Fireside Chats Are Back!

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Fireside Chats are a perfect opportunity for attendees to gather with their peers to ‘chat,’ about topics, share ideas, and ask questions in a more intimate setting. We are excited to announce the #NACBA25 Fireside Chat lineup and presenters:

Ask the Evidence Professor: Presenters John Cantrell and Professor Edward Imwinkelried
Strategies for Dealing with Overreaching Trustees: Presenters Paul Maschmeyer and Richard Nemeth
Protecting Your (Haunted) Mansion From Forced Surrender: Presenters Chuck Moore and Jeff Tromberg
How to Locate Your Client’s Hidden Treasure of the 7 (or 13) Seas: Presenters: Alex Dolhancyk and Jeff Tromberg

Visit the full schedule for #NACBA25 for a full description with the date, time and place! Get ready for some great conversation!

#NACBA25 Highlight

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Do you enjoy a challenge? Then #NACBA25 will not disappoint you! Our convention planning committee has scheduled advanced topics presented by distinguished speakers to challenge and inform even the most seasoned bankruptcy practitioner. Here’s a look at the Advanced Topics that you’ll have the opportunity to attend:

Regulation X & Z Enforcement: New Tools for Consumer Attorneys: Provides an overview of federal Regulation X and Regulation Z and demonstrates how these laws can empower consumers and their counsel. The presentation outlines specific errors prohibited by these regulations. Presenters will walk participants through examples of actual Requests for Information and Notices of Error used daily by The Dann Law Firm.
Getting Paid Hourly Fee vs. No Look Fees: This panel will discuss when to use the “No-Look” fees and when not to, how to challenge Court assumptions about fees, and the best strategies to maximize your fees.
Know the Codes, Nuances, & Strategies of Taxes in Bankruptcy: A deep dive look into the complexities of taxes in bankruptcy.
Student Loans in Chapter 13:This panel will explore means of combining alternative, non-bankruptcy relief, including claims objections, administrative discharges and income driven repayment plans with your Chapter 13 practice to provide additional assistance for your clients and additional sources of revenue for attorneys.

Take a look at the full Schedule and start planning your days at #NACBA25!