#NACBA25 Sessions

#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:

avatar for Bethany Lape

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.

avatar for Austin Smith

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.

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#NACBA25 Highlight

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!

#NACBA Highlight

discharging-taxes-in-bankruptcy

Get Back to Basics!

Attend the “Discharging Taxes in Bankruptcy” Session!

Join Alex Dolhancyk, William Brewer, and Ray Schimmel as they cover the basics for determining the dischargeability of taxes in bankruptcy along with a short demonstration on how to read a tax transcript.  This session will include:
  • An overview on classifying tax liabilities
  • A review of tax filing requirements
  • The impact of tolling events

You can catch, “Discharging Taxes in Bankruptcy,” on Friday, May 5th from 2:30 PM- 3:45 PM.

Meet Your Presenters

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.

 

avatar for William Brewer

William E. Brewer, Jr.

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 Ray Schimmel

Raymond Schimmel

Raymond Schimmel has been licensed as an attorney in California since 1997.He has also held a CPA license in Colorado since 1992.He has filed over 1,000 consumer bankruptcy cases under Chapter 7 and Chapter 13 in the San Diego bankruptcy court and has been devoted to the bankruptcy practice area for the last fourteen years.He currently serves as the Southern California State Chair for the National Association of Consumer Bankruptcy Attorneys.He has been a contributor to Business Week Magazine and has been quoted in articles about toxic mortgages, credit card debt, and bankruptcy.Raymond Schimmel holds a law degree from the University of San Diego (USD) School of Law where he graduated in 1996.   At  USD School of Law he served as Assistant Editor for the Journal of Contemporary Legal Issues.He also holds a post-doctoral masters degree in taxation from USD School of law (LL.M.) 1998 and a masters in financial accounting from San Diego State University (SDSU) 1992.He graduated from college at SDSU and holds a bachelors degree in finance (1988).

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#NACBA25 Highlight

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Friday, May 5th

10:30 AM-11:30 AM

Did someone say EVIDENCE?

Many attorneys don’t have a truly working knowledge of evidence law because they don’t understand the procedural framework within which evidence law operates.  John Cantrell and Professor Edward Imwinkelried’s presentation, “The Practicalities of Admitting or Objecting to Evidence in Bankruptcy Court,” will review the practicalities of the procedures for both the proponent and opponent of the proferred evidence.

The Presenters!

avatar for Prof. Edward J. Imwinkelried

Edward L. Imwinkelried Professor of Law Emeritus

Edward Imwinkelried could easily be a model for a character in crime fiction. News stories quoting him have included “Probers Use DNA Tests to Find Killer in Florida,” “Love-Triangle Killing: Defense Questions Police,” and “Will High-Tech Sleuthing Hold Up in Court?” To the country’s prosecutors and defense attorneys, he is the one to consult about the admissibility of scientific evidence and evidence of uncharged crimes.

“These are two very specialized areas of evidence,” said Imwinkelried. “They also happen to be the two areas that place a premium on creativity and imagination.”

Imwinkelried wrote the book on scientific evidence, literally and figuratively. The Supreme Court itself cited the book in its landmark 1993 case, Daubert v Merrell Dow Pharmaceuticals on expert testimony. Now in a forthcoming fourth edition, Scientific Evidence treats such subjects as DNA typing, forensic psychiatry, and laser techniques for fingerprint detection.

The admission of evidence of uncharged crimes, the topic of another of his books, is the “single most litigated issue on the criminal side of the law,” he said. Such evidence often looms large in cases of mass murderers. Before the O.J. Simpson trial, the Trial of the 20th Century was the prosecution of Wayne Williams for the Atlanta child killings. “Wayne Williams, for instance, was charged on two counts, but the hair and fiber evidence showed a pattern that pulled together 10 other killings,” said Imwinkelried. “Once a jury is allowed to hear that, the whole atmosphere of the trial changes and the likelihood of a conviction increases dramatically.

avatar for John Cantrell

John Cantrell

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