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Source: https://nacba.site-ym.com/resource/rss/news.rss

<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
<channel>
<title>News & Press</title>
<link>https://nacba.org/news/</link>
<description><![CDATA[ Read about recent events, essential information and the latest community news. ]]></description>
<lastBuildDate>Thu, 26 Dec 2024 15:37:09 GMT</lastBuildDate>
<pubDate>Thu, 19 Dec 2024 14:10:00 GMT</pubDate>
<copyright>Copyright © 2024 NACBA</copyright>
<atom:link href="http://nacba.org/resource/rss/news.rss" rel="self" type="application/rss+xml"></atom:link>
<item>
<title>NACBA ENCOURAGED BY SENATOR ELIZABETH WARREN’S REINTRODUCTION OF THE CONSUMER BANKRUPTCY REFORM ACT</title>
<link>https://nacba.org/news/689684/</link>
<guid>https://nacba.org/news/689684/</guid>
<description><![CDATA[For media inquiries or further information, please contact: Krista D’Amelio, Director of Government Affairs, NACBA, <a href="mailto:krista.damelio@nacba.com">krista.damelio@nacba.com</a> Washington, DC- The National Association of Consumer Bankruptcy Attorneys (NACBA) acknowledges the leadership of Senator Elizabeth Warren and House Judiciary Committee Ranking Member Jerry Nadler, along with the efforts of co-sponsors Senator Sheldon Whitehouse and Representative Pramila Jayapal, for their continued advocacy on behalf of consumer debtors. NACBA is encouraged by their reintroduction of the Consumer Bankruptcy Reform Act, which aims to address longstanding challenges within the bankruptcy system. NACBA President Richard Nemeth stated, “The Consumer Bankruptcy Reform Act introduces critical discussions about the need for modernizing bankruptcy laws to ensure fairness and efficiency for consumer debtors. NACBA appreciates the effort to tackle these issues and will closely evaluate the bill’s provisions.” Among the improvements are: <ul style="list-style-type: disc;"><li>restoring the dischargeability of student loans, a much-needed reform in light of the burden student loan debt places on debtors and the economy;</li><li>reducing the cost and improving the efficiency of bankruptcy relief;</li><li>improving debtors’ ability to retain their homes and modest personal property by creating updated fair federal exemptions; and</li><li>saving homes from foreclosure by properly allowing for the modification of residential mortgages and treating those obligations like other secured debts, where the secured creditors are paid the value of the collateral over time.</li></ul> As with all comprehensive bankruptcy reform proposals, NACBA is committed to conducting a thorough review of the bill’s many provisions and potential consequences. The association looks forward to providing constructive feedback that reflects the knowledge and experience of its members who work directly with consumer debtors. President Nemeth added, “NACBA shares Senator Warren and Ranking Member Nadler’s goal of improving the bankruptcy system to better serve those in financial distress and that now is the time to make the improvements to the Bankruptcy Code that have long been needed. We appreciate the dialogue this bill initiates and will remain actively engaged in the process.”<a href="https://cdn.ymaws.com/nacba.org/resource/collection/FAD34B26-695D-4877-A676-C45F62717884/NACBA_Statement_CBRA_2024.pdf">DOWNLOAD NACBA'S FULL PRESS RELEASE</a><a href="https://nadler.house.gov/news/documentsingle.aspx?DocumentID=396248">READ MORE: </a><a href="https://nadler.house.gov/news/documentsingle.aspx?DocumentID=396248">Nadler, Warren, Lawmakers Renew Push to Make Bankruptcy Less Expensive for Families</a><a href="https://nadler.house.gov/news/documentsingle.aspx?DocumentID=396248"></a> ]]></description>
<category>Latest News</category>
<pubDate>Thu, 19 Dec 2024 14:10:00 GMT</pubDate>
</item>
<item>
<title>Delaware HB 318 Signed Into Law, Increasing Bankruptcy and Debt Proceeding Exemptions</title>
<link>https://nacba.org/news/679162/</link>
<guid>https://nacba.org/news/679162/</guid>
<description><![CDATA[FOR IMMEDIATE RELEASEAugust 6, 2024 Delaware HB 318 Signed Into Law, Increasing Bankruptcy and Debt Proceeding Exemptions Dover, DE— The National Association of Consumer Bankruptcy Attorneys (NACBA) is pleased to announce that Delaware House Bill 318, an Act to Amend Title 10 and Title 19 of the Delaware Code Relating to Exemptions in Bankruptcy and Debt Proceedings, has been signed into law by Governor John Carney on August 2, 2024. This Act significantly increases the exemptions available to debtors in bankruptcy and other debt proceedings, marking a crucial step forward in consumer debtor protection. Effective January 1, 2025, the amended law raises the exemption for a debtor’s personal residence from $125,000 to $200,000. This adjustment addresses the substantial increase in home prices since the previous limit was set in 2012. Additionally, the Act increases the exemption for tools of the trade and vehicles from $15,000 to $25,000. The legislation also exempts workers’ compensation awards under the laws of other states from attachment in bankruptcy or other proceedings, aligning with protections already in place for Delaware awards. NACBA’s Director of Government Affairs, Krista D’Amelio, expressed gratitude to NACBA member Vivian A. Houghton, Esq. for her dedicated advocacy in ensuring the passage of this critical legislation. “Vivian’s tireless work and unwavering commitment to protecting consumer debtors in Delaware have been instrumental in achieving this legislative victory. Amid this affordability crisis and the rise in consumer bankruptcies, it is more important than ever to help families stay in their homes, retain their property, and have the opportunity to start fresh and continue contributing to their communities.” NACBA also extends appreciation to the Delaware legislative sponsors of the bill: Rep. Paul Baumbach, Rep. Larry Lambert, Rep. Sherry Dorsey Walker, and Sen. David Sokola, for their invaluable support and leadership in championing this legislation. The passage of HB 318 represents the 11th state-level legislative win for NACBA in the past four years. NACBA remains steadfast in its commitment to state exemption law advocacy, ensuring that consumer debtor rights are protected across the country. <a href="https://cdn.ymaws.com/nacba.org/resource/collection/FAD34B26-695D-4877-A676-C45F62717884/DE_HB_318_SIGNED_NACBA_press_release_Aug.6.2024.pdf" target="_blank">DOWNLOAD NACBA'S FULL PRESS RELEASE</a> ]]></description>
<category>Latest News</category>
<pubDate>Tue, 6 Aug 2024 16:16:00 GMT</pubDate>
</item>
<item>
<title>NACBA State Advocacy: MN Debt Fairness Act Signed into Law, Introducing New Bankruptcy Exemptions</title>
<link>https://nacba.org/news/673619/</link>
<guid>https://nacba.org/news/673619/</guid>
<description><![CDATA[NACBA State Advocacy: Governor Signs Minnesota Debt Fairness Act into Law, Introducing New Bankruptcy Exemptions for State Debtors
For Immediate Release
May 28, 2024
St. Paul, MN– On May 21, 2024 Governor Walz has signed the <a href="https://www.revisor.mn.gov/bills/bill.php?b=senate&f=Sf4097&ssn=0&y=2024">Minnesota Debt Fairness Act</a> (SF 4097) into law. The Act introduces significant new bankruptcy exemptions for state debtors that take effect on August 1, 2024.
Authored by Senator Boldon and Representative Reyer, in collaboration with Attorney General Ellison’s Office, the bill passed the Senate on May 16th as part of the Commerce Policy Omnibus bill. Following its passage in the House, the bill was sent to the Governor for his signature.
NACBA member Jeffrey Bursell, Esq., played a pivotal role in advocating for and drafting the exemption changes included in the bill, alongside Andrew Walker, Esq., Ron Lundquist, Esq., Brian McDaniel, Esq. of Hylden Advocacy, and Minnesota Legal Aid's Ron Elwood, Esq. and Andrew Knox, Esq.
“NACBA proudly recognizes member Jeffrey Bursell of Solvent Law PLLC for his key role in advancing bankruptcy exemption legislation in Minnesota,” said Krista D’Amelio, NACBA’s Director of Government Affairs & Communications. "Since bringing these efforts to NACBA in 2022, Jeffrey and his colleagues have tirelessly advocated for these critical changes. Their work ensures protections for Minnesota's debtors, including enhanced safeguards for vehicles, possessions, and household tools, as well as a new $1,500 wildcard exemption, providing better outcomes and needed relief for those seeking a fresh start."
Along with key medical debt reform and judgment collection reforms, provisions of the Act include bankruptcy exemption changes that will help more Minnesota debtors protect their property when getting back on financial track through bankruptcy relief. Key features of the Minnesota Debt Fairness Act include:
Bankruptcy Reforms
<ul style="list-style-type: disc;">
<li style="line-height: normal;">Doubling vehicle protection from $5,000 to $10,000, with additional protection for persons with disabilities and work vehicles.</li>
<li style="line-height: normal;">$2,000 protection for sacred and religious possessions.</li>
<li style="line-height: normal;">$3,000 protection for household tools, such as snowblowers and lawnmowers.</li>
<li style="line-height: normal;">Low income-based tax credits.</li>
<li style="line-height: normal;">Protection for money received in personal injury lawsuits.</li>
<li style="line-height: normal;">Protection for personal electronics and jewelry.</li>
<li style="line-height: normal;">$1,500 wildcard exemption for any property.</li>
</ul>
Medical Debt Reforms
<ul style="list-style-type: disc;">
<li style="line-height: normal;">Ending the automatic transfer of medical debt to a patient’s spouse.</li>
<li style="line-height: normal;">Banning medical debt from being reported to credit bureaus.</li>
<li style="line-height: normal;">Prohibiting medical providers from withholding necessary care due to unpaid debt.</li>
<li style="line-height: normal;">Establishing new protections against unethical medical debt collection practices.</li>
<li style="line-height: normal;">Allowing successful defendants in medical debt lawsuits to have their attorney's fees paid.</li>
<li style="line-height: normal;">Requiring medical providers to publish their debt collection practices.</li>
<li style="line-height: normal;">Creating a process to dispute medical coding and billing errors.</li>
</ul>
Judgment Collection Reforms
<ul style="list-style-type: disc;">
<li style="line-height: normal;">Implementing income-based wage garnishment levels, ranging from 10% to 25%, replacing the flat 25% cap.</li>
<li style="line-height: normal;">Extending wage garnishment protections to independent contractors.</li>
<li style="line-height: normal;">Extending wage garnishment protections to all residents and workers in Minnesota.</li>
</ul>
Attorney General Ellison commented, “Spouses will no longer be forced to pay off each other's medical debt in life or death. People won’t be denied necessary medical care due to unpaid bills, and working-class Minnesotans will face fairer wage garnishment rules. This Act makes the already difficult process of bankruptcy more affordable and accessible.”
NACBA congratulates Jeffrey Bursell and all advocates involved in this legislative achievement and looks forward to continuing its support for state-level reforms that ensure better outcomes for debtors.
<a href="https://cdn.ymaws.com/nacba.org/resource/collection/FAD34B26-695D-4877-A676-C45F62717884/NACBA_State_Advocacy_MN_BK_Exemptions_Press_Release_May_2024.pdf">DOWNLOAD A PDF OF THE FULL PRESS RELEASE</a> ]]></description>
<category>Latest News</category>
<pubDate>Tue, 28 May 2024 18:02:00 GMT</pubDate>
</item>
<item>
<title>NACBA State Advocacy: Florida Governor Signs Bill Increasing Motor Vehicle Exemption in Bankruptcy</title>
<link>https://nacba.org/news/671168/</link>
<guid>https://nacba.org/news/671168/</guid>
<description><![CDATA[Florida Governor Signs Bill Increasing Motor Vehicle Exemption in Bankruptcy Tallahassee, FL – A significant milestone was marked for individuals navigating bankruptcy in Florida as Governor Ron DeSantis signed <a href="https://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=78731&">SB158</a> into law on Friday, April 26, 2024. This state legislative victory substantially raises the value of motor vehicles owned by individuals in bankruptcy, providing crucial relief to countless families across the state. SB158 elevates the motor vehicle exemption from $1,000 to $5,000, effectively enabling more individuals to retain their cars during bankruptcy proceedings. Previously one of the lowest in the nation, this increase promises tangible benefits for Floridians facing financial hardships. "NACBA proudly recognizes the dedication of our esteemed member and Fort Lauderdale attorney, Chad Van Horn, of Van Horn Law Group, for his instrumental role in advancing this pivotal legislation in Florida," remarks Krista D’Amelio, NACBA’s Director of Government Affairs & Communications. "Attorney Van Horn's tireless advocacy underscores the critical importance of state-level initiatives in securing essential legislative exemptions that federal regulations often overlook. His endeavors bring Florida's debtors one step closer to a fresh start by safeguarding their vehicles, which serve as a lifeline for many striving to overcome debt and maintain employment. NACBA extends heartfelt congratulations to Chad for his unwavering commitment, and NACBA eagerly anticipates continuing to serve as a steadfast resource for those advocating for exemption reforms at the state level, thereby ensuring better outcomes for their clients and much-needed relief for those in need." Chad Van Horn, founding partner attorney of Van Horn Law Group explained, "I pushed for this change because I see hundreds of people each year lose their transportation in bankruptcy proceedings, which makes it harder for them to work and perpetuates the downward spiral into financial insecurity and distress. Although it took two years, I’m still extremely gratified the motor vehicle exemption was approved as it will provide much-needed assistance to individuals in dire financial circumstances." The genesis of this legislative initiative dates back to the 2022 legislative session when Rep. Michael Gottlieb and Rep. Christopher Benjamin, spurred by Attorney Chad Van Horn, initially introduced the bill. Despite approval from both the Florida House and Senate at the time, the bill awaited the governor's signature. This year, Rep. Christopher Benjamin, along with co-sponsors Rep. Gottlieb, Rep. Dotie Joseph, and Rep. Johanna Lopez, revived the bill, culminating in its successful passage and eventual signing into law by Governor DeSantis. State advocacy is vital in addressing the evolving needs of individuals navigating bankruptcy. NACBA believes the passage of SB158 underscores the critical role of proactive measures in safeguarding the financial well-being of Floridians.  <a href="https://cdn.ymaws.com/nacba.org/resource/collection/FAD34B26-695D-4877-A676-C45F62717884/NACBA_Press_Release_FL_SB_518_singed_into_law.pdf">DOWNLOAD THE FULL PRESS RELEASE</a>  For media inquiries, please contact: Krista D’Amelio, NACBA Director of Government Affairs & Communications: <a href="mailto:krista.damelio@nacba.com">krista.damelio@nacba.com</a> Cindy Schutt, Cindy Schutt PR: <a href="mailto:Cindy@SchuttPR.com">Cindy@SchuttPR.com</a>   About Van Horn Law Group Van Horn Law Group, P.A. among the top five bankruptcy firms in the state based on number of cases filed in the last 12 months (pacer.gov), is dedicated to restoring peace of mind to individuals in financial distress by providing first-rate, affordable legal services with compassion, understanding and respect. The firm practices in the areas of personal and corporate bankruptcy, student loan consolidation and litigation, foreclosure defense, corporate reorganization, debt negotiation, civil litigation, debt relief, personal injury and consumer law. Van Horn, the author of Everything You Need to Know About Bankruptcy in Florida and The Debt Life, is certified in business and consumer bankruptcy.  Van Horn Law Group, P.A. is headquartered in Fort Lauderdale with satellite offices in Doral, Miramar and Orlando. For more information about Van Horn Law Group, call (954) 637-0000 or visit <a href="http://www.vanhornlawgroup.com">www.vanhornlawgroup.com</a>.   About the National Association of Consumer Bankruptcy Attorneys The National Association of Consumer Bankruptcy Attorneys (NACBA) is the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy. NACBA provides resources, education, and advocacy to empower bankruptcy attorneys in their mission to help individuals achieve financial stability.   ###]]></description>
<category>Latest News</category>
<pubDate>Sat, 27 Apr 2024 16:36:00 GMT</pubDate>
</item>
<item>
<title>NACBA State Advocacy: Virginia HB 1339 Enacted into Law, Takes Effect on July 1, 2024</title>
<link>https://nacba.org/news/669737/</link>
<guid>https://nacba.org/news/669737/</guid>
<description><![CDATA[FOR IMMEDIATE RELEASE April 10, 2024 Contact: Krista D'Amelio NACBA Director of Government Affairs & Communications: <a href="mailto:krista.damelio@nacba.com">krista.damelio@nacba.com</a>   Virginia HB 1339 Enacted into Law, Takes Effect on July 1, 2024 Richmond, VA –The National Association of Consumer Bankruptcy Attorneys (NACBA) is pleased to announce that on April 8, 2024 Virginia Governor Glenn Youngkin signed into law <a href="https://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+HB1339">HB 1339</a>, marking a significant step forward in aiding those seeking a fresh financial start within the state. The bill, which takes effect on July 1, 2024, encompasses several key provisions aimed at fortifying financial security for struggling Virginia residents. HB 1339, championed by Delegate Marcus Simon (D-53), passed through the legislature with resounding support and brings new financial safeguards for Virginians, with its comprehensive provisions addressing crucial aspects of consumer bankruptcy exemptions: <ul style="list-style-type: disc;"><li>Homestead Exemption Doubling: Building upon the groundwork laid in 2020, HB 1339 doubles the homestead exemption from $25,000 to $50,000, affording homeowners enhanced protections to keep their homes.</li><li>Increased Car Exemption: Recognizing the importance of reliable transportation, the bill raises the car exemption from $6,000 to $10,000, ensuring that individuals have adequate resources to maintain their mobility and livelihoods.</li><li>Indexing Provision: HB 1339 includes a forward-thinking provision for indexing most exemptions, allowing for adjustments in line with evolving economic conditions, thereby ensuring the relevance and efficacy of these protections over time.</li><li>Resolution of Ambiguity: The bill clarifies an ambiguity regarding the use of the $25,000 homestead exemption for non-residential personal property alongside the $5,000 wildcard. This clarification, aligned with the original legislative intent, closes a loophole and reinforces the integrity of the exemption system.</li></ul> “NACBA owes much of this bill’s success to the unwavering advocacy efforts of member Dan Press, whose dedication and commitment were instrumental in advancing the legislation,” remarked Krista D’Amelio, NACBA Director of Government Affairs and Communications. “NACBA will continue our commitment to statewide advocacy and coalition efforts, advocating for additional transformative changes that provide essential protections for individuals and families pursuing a financial fresh start while confronting unfair debt practices. We anticipate replicating this success in other states alongside our loyal NACBA members.” As the provisions of HB 1339 prepare to take effect on July 1, 2024, Virginia stands poised to set a new standard for consumer bankruptcy protection, empowering individuals and families to navigate financial challenges with greater confidence and resilience.<a href="https://cdn.ymaws.com/nacba.org/resource/collection/FAD34B26-695D-4877-A676-C45F62717884/NACBA_VA_HB_1339-Press_Release-enacted_4.8.24.pdf">DOWNLOAD & SHARE NACBA'S FULL PRESS RELEASE</a> ]]></description>
<category>Latest News</category>
<pubDate>Wed, 10 Apr 2024 17:39:00 GMT</pubDate>
</item>
<item>
<title>NACBA State Advocacy: Oregon’s FFPA Signed Into Law, Effective January 1, 2025</title>
<link>https://nacba.org/news/669498/</link>
<guid>https://nacba.org/news/669498/</guid>
<description><![CDATA[Oregon’s FFPA Signed Into Law, Effective January 1, 2025 SALEM, OR – The National Association of Consumer Bankruptcy Attorneys (NACBA) celebrates the enactment of SB 1595, known as the <a href="https://olis.oregonlegislature.gov/liz/2024R1/Downloads/MeasureDocument/SB1595/Enrolled">Family Financial Protection Act (FFPA),</a> as Governor Kotek of Oregon signed it into law on April 4, 2024. This historic legislation, endorsed with bipartisan support, marks a significant triumph for Oregon families, representing years of advocacy efforts to bolster consumer protections. It will take effect on January 1, 2025. The FFPA stands as a comprehensive initiative designed to offer vital safeguards to families grappling with debt, heralding a pivotal moment in the modernization of consumer protection and debt laws. By curtailing predatory financial practices, this legislation establishes a new paradigm of fairness and equity in financial matters. NACBA proudly supported the FFPA, a campaign championed by the Oregon Consumer Justice (OCJ). Noteworthy contributions from Senator Chris Gorsek and Representative Nathan Sosa were instrumental in shepherding the bill to success. Crafted to confront multifaceted challenges, the FFPA extends comprehensive protections for families navigating debt recovery and shields consumers from unjust collection practices. Key provisions of the bill include: <ul style="list-style-type: disc;"><li style="line-height: normal;">Expansion of Home Protection: Individuals and couples now enjoy increased home protection up to $150,000 and $300,000, respectively, a significant enhancement from the previous $40,000 threshold for individuals.</li><li style="line-height: normal;">Gradual Wage Exemption Increase: By 2027, the wage exemption from court seizure or garnishment will rise annually to keep pace with inflation.</li><li style="line-height: normal;">Bank Account Protection: The first $2,500 in an individual's bank account is now shielded from garnishment or seizure, preventing debt collectors from depleting entire accounts.</li><li style="line-height: normal;">Protection Against Unowed/Incorrect Debt: Collectors are prohibited from attempting to collect debts known to be non-existent or inaccurately calculated.</li><li style="line-height: normal;">Motor Vehicle Protection: Debtors can now exempt up to $10,000 for any motor vehicle, a significant increase from $3,000.</li><li style="line-height: normal;">Fair Legal Fee Protection: Consumers are relieved from covering creditor or debt collectors' attorney fees, making it financially feasible to contest incorrect debts and fostering a level playing field for consumers.</li></ul> NACBA reaffirms its commitment to statewide advocacy and coalition efforts, championing additional transformative changes that deliver essential protections for individuals and families seeking a financial fresh start while combating unfair debt practices. For further information, please contact: Krista D'Amelio NACBA Director of Government Affairs & Communications: <a href="mailto:krista.damelio@nacba.com">krista.damelio@nacba.com</a><a href="https://cdn.ymaws.com/nacba.org/resource/collection/FAD34B26-695D-4877-A676-C45F62717884/NACBA_Press_Release-SIGNED_OR_SB_1595_4.4.2024.pdf">DOWNLOAD & SHARE NACBA'S FULL PRESS RELEASE</a> ]]></description>
<category>Latest News</category>
<pubDate>Mon, 8 Apr 2024 16:26:00 GMT</pubDate>
</item>
<item>
<title>NACBA Awards Jayme Wiebold The 2024 Henry J. Sommer Legal Aid Scholarship</title>
<link>https://nacba.org/news/669289/</link>
<guid>https://nacba.org/news/669289/</guid>
<description><![CDATA[<img alt="" src="https://nacba.org/resource/resmgr/legislative/media/1517431707397.jpg" style="width: 300px; height: 300px; float: right;" /> NACBA Awards Jayme Wiebold The 2024 Henry J. Sommer Legal Aid Scholarship Washington, DC– The National Association of Consumer Bankruptcy Attorneys (NACBA) is thrilled to announce the 2024 recipient of the prestigious Henry J. Sommer Legal Aid Scholarship. Jayme Wiebold, a dedicated legal aid attorney and passionate consumer advocate, has been selected for this honor. The Henry J. Sommer Legal Aid Scholarship was established to recognize the exceptional contributions of President Emeritus Henry J. Sommer to NACBA and is awarded to a legal aid attorney attending the NACBA Convention for the first time. Jayme will be recognized for this scholarship during <a href="https://www.nacba.org/nacba2024">NACBA’s 32nd Annual Convention</a> being held at the stunning Broadmoor Resort in Colorado Springs, CO. Jayme Wiebold, with over five years of experience in legal aid and consumer protection work, has demonstrated an unwavering commitment to serving her community. Graduating from The University of Pennsylvania Law School in 2018 with a clear vision of working in the consumer protection space, Wiebold embarked on a career path dedicated to advocating for those in need. Her journey into bankruptcy practice began during a law school externship, where she assisted numerous clients in preparing bankruptcy schedules and navigating the complexities of the process. Despite being relatively new to bankruptcy practice, Wiebold's dedication and passion for helping clients through challenging times have been evident. She currently is a Senior Staff Attorney at Iowa Legal Aid where she handles all bankruptcy cases in the Southern District of Iowa. "NACBA is thrilled to award the Henry J. Sommer Scholarship to Jayme Wiebold, whose early commitment to consumer debtors in bankruptcy aligns perfectly with NACBA's mission,” states NACBA President Richard H. Nemeth. “We look forward to welcoming her to the convention and witnessing her continued contributions to the legal aid community, providing help for individuals and families seeking a financial fresh start.” NACBA’s Annual Convention is a premier event in consumer bankruptcy law, bringing together legal professionals from across the country for education, networking, and advocacy. NACBA looks forward to honoring Jayme in Colorado Springs, CO. Look to read about her convention experience in the Fall 2024 edition of NACBA’s Consumer Bankruptcy Journal being published in September 2024.  CONTACT: Krista D’Amelio, NACBA Director of Government Affairs & Communications; krista.damelio@nacba.com  ## ABOUT NACBA NACBA is the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy. Formed in 1992, NACBA now has more than 4,000 members located in all 50 states and Puerto Rico. An integral part of NACBA’s mission is enhancing the ability of its members to represent their clients effectively by holding educational programs that provide learning opportunities and collegial forums. NACBA’s Annual Convention, held each spring, is the educational seminar of choice for consumer bankruptcy attorneys nationwide. Judges and nationally recognized speakers provide case law updates, practical tips on effective representation of clients, information on emerging trends nationwide, and in-depth discussions of topical issues. ]]></description>
<category>Latest News</category>
<pubDate>Thu, 4 Apr 2024 17:47:00 GMT</pubDate>
</item>
<item>
<title>NACBA State Advocacy: Oregon’s Family Financial Protection Act (FFPA), Awaits Governor’s Signature</title>
<link>https://nacba.org/news/668905/</link>
<guid>https://nacba.org/news/668905/</guid>
<description><![CDATA[SALEM, OR—NACBA applauds the passage of <a href="https://olis.oregonlegislature.gov/liz/2024R1/Measures/Overview/SB1595">SB 1595, the Family Financial Protection Act (FFPA)</a>. This landmark legislation, approved with bipartisan support, has been years in the making and represents a significant victory for Oregon families. The FFPA is a comprehensive measure aimed at providing essential protections to families grappling with debt, marking a pivotal moment in the modernization of consumer protection and debt laws. By shielding individuals and families from predatory financial practices, this legislation sets a new standard for fairness and equity in financial matters. NACBA supported this legislation, which was championed by the Oregon Consumer Justice (OCJ). Notably, Senator Chris Gorsek and Representative Nathan Sosa were instrumental in the bill's passage. Designed to address multifaceted challenges, the FFPA offers comprehensive protections for families recovering from debt and shields consumers from unjust collection practices. Key provisions of the bill include: <ul style="list-style-type: disc;"><li>Home Protection Expansion: The value of a home protected from seizure has been increased to $150,000 for individuals and $300,000 for couples, a significant rise from the previous $40,000 protection for individuals.</li><li>Gradual Wage Exemption Increase: By 2027, the amount of wages exempted from court seizure or garnishment will rise and be adjusted annually to keep pace with inflation.</li><li>Bank Account Protection: The first $2,500 in a person’s bank account is now shielded from garnishment or seizure, preventing debt collectors from wiping out entire accounts.</li><li>Protection Against Unowed/Incorrect Debt: It is now a violation of the law to attempt to collect a debt when a collector knew or should have known that the debt did not exist or was inaccurately calculated.</li><li>Motor Vehicle Protection: Debtors will be entitled to exempt up to $10,000 for any motor vehicle, an increase from $3,000. </li><li>Fair Legal Fee Protection: Consumers no longer need to worry about covering the creditor or debt collectors’ attorney fees, making it financially viable to contest incorrect debts and leveling the playing field for consumers.</li></ul> NACBA remains committed to statewide advocacy and our coalition efforts, advocating for additional transformative changes that provide essential protections for individuals and families pursuing a financial fresh start while confronting unfair debt practices. For further information, please contact Krista D'Amelio NACBA Director of Government Affairs & Communications: <a href="mailto:krista.damelio@nacba.com" data-feathr-click-track="true" data-feathr-link-aids="60d4c52a8f15e165334c1d67">krista.damelio@nacba.com</a>]]></description>
<category>Latest News</category>
<pubDate>Mon, 1 Apr 2024 20:09:00 GMT</pubDate>
</item>
<item>
<title>President Biden Signs National Guard and Reservists Debt Relief Extension Act of 2023</title>
<link>https://nacba.org/news/660953/</link>
<guid>https://nacba.org/news/660953/</guid>
<description><![CDATA[National Guard and Reservists Debt Relief Extension Act of 2023 Signed into Law by President Biden Washington, D.C. – The National Association of Consumer Bankruptcy Attorneys (NACBA) is pleased to inform that President Biden signed into law <a href="https://www.congress.gov/bill/118th-congress/house-bill/3315?loclr=cga-bill">H.R.3315, the National Guard and Reservists Debt Relief Extension Act of 2023</a> on December 19, 2023. This significant legislation provides a four-year extension to exclude military disability pay from the means test and faced an imminent expiration date of December 19, 2023. Led by Congressman Steven Cohen (D-TN), the bill initially passed through the House on December 11th and the Senate on December 14th, where Senator Dick Durbin (D-IL) played a pivotal role with notable support and leadership. NACBA extends our sincere appreciation to Congressman Cohen and Senator Durbin for their strong support and leadership in championing H.R.3315 and applaud President Biden for supporting the needs of our servicemembers. NACBA's Legislative Committee played a crucial role behind the scenes in championing this legislation. The four-year extension of the exclusion of military disability pay from the means test, as outlined in H.R.3315, stands as a testament to the collaborative efforts of NACBA and its allies in the face of the considerable challenges that confront Congress today. Contact: Krista D’Amelio, Director of Government Affairs & Communications, NACBA, <a href="mailto:krista.damelio@nacba.com" data-feathr-click-track="true" data-feathr-link-aids="60d4c52a8f15e165334c1d67">krista.damelio@nacba.com</a> <a href="https://cdn.ymaws.com/nacba.org/resource/collection/FAD34B26-695D-4877-A676-C45F62717884/HR3315_POTUS_Signed_Press_Release_12.20.2023.pdf">Download NACBA's Full Press Release</a> ]]></description>
<category>Latest News</category>
<pubDate>Wed, 20 Dec 2023 16:41:00 GMT</pubDate>
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<title>National Guard & Reservists Debt Relief Extension Act of 2023 Clears Senate, En Route to President</title>
<link>https://nacba.org/news/660602/</link>
<guid>https://nacba.org/news/660602/</guid>
<description><![CDATA[National Guard and Reservists Debt Relief Extension Act of 2023 Clears Senate, En Route to Presidential Signature Washington, D.C. – The National Association of Consumer Bankruptcy Attorneys (NACBA) is pleased to announce the successful passage of <a href="https://www.congress.gov/bill/118th-congress/house-bill/3315?loclr=cga-bill">H.R.3315, the National Guard and Reservists Debt Relief Extension Act of 2023</a>, by the United States Senate. The bill, which extends the exclusion of military disability pay from the means test for an additional four years, has received substantial bipartisan support and is now on its way to the President's desk for final approval. The legislation faced an imminent expiration date of December 19, 2023. It passed through the House on December 11th with bipartisan support led by Congressman Steve Cohen (D-TN). This paved the way for its subsequent consideration and passage in the Senate with notable support and leadership from Senator Dick Durbin (D-IL). "We extend our sincere appreciation to Congressman Cohen and Senator Durbin for their strong support and leadership in championing H.R.3315. Their commitment to the well-being of our military community is commendable, and we are grateful for their tireless efforts in ensuring the passage of this important legislation," stated NACBA Legislative Committee Co-chair Ike Shulman. NACBA's Legislative Committee played a crucial role behind the scenes in championing this legislation. Actively engaging with key stakeholders throughout the legislative process, NACBA's dedication to facilitating open lines of communication with Senator Durbin's Judiciary Committee staff proved instrumental. In the face of the considerable challenges that confront Congress today, NACBA remains dedicated to its mission of advocating for consumer bankruptcy attorneys and protecting the rights of consumer debtors. The successful passage of H.R.3315 serves as evidence of the effectiveness of NACBA’s collaborative initiatives in advancing legislation that positively impacts the lives of those we serve. Contact: Krista D’Amelio, Director of Government Affairs & Communications, NACBA, <a href="mailto:krista.damelio@nacba.com">krista.damelio@nacba.com</a><a href="https://cdn.ymaws.com/nacba.org/resource/collection/FAD34B26-695D-4877-A676-C45F62717884/HR3315_Senate.HouseApproval_Press_Release_12.15.2023.pdf"> </a><a href="https://cdn.ymaws.com/nacba.org/resource/collection/FAD34B26-695D-4877-A676-C45F62717884/HR.3315_Senate.HouseApproval_Press_Release_12.15.2023.pdf">Download NACBA's Official Press Release</a> ]]></description>
<category>Latest News</category>
<pubDate>Fri, 15 Dec 2023 15:11:00 GMT</pubDate>
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<title>NACBA In Print: DOJ and ED Announce Successful First Year of New Student-Loan Bankruptcy Discharge</title>
<link>https://nacba.org/news/658072/</link>
<guid>https://nacba.org/news/658072/</guid>
<description><![CDATA[<h4 class="page-title"><a href="https://www.justice.gov/opa/pr/justice-department-and-department-education-announce-successful-first-year-new-student-loan">Justice Department and Department of Education Announce Successful First Year of New Student-Loan Bankruptcy Discharge Process</a></h4>Contact Department of Justice: Office of Public Affairs Thursday, November 16, 2023<div class="node-subtitle"> </div><div class="node-subtitle"><div>
<div class="field-formatter--string field_subtitle">Agencies Will Continue to Assess Whether Process is Providing Relief to Eligible Borrowers</div> 
</div>
</div><div class="node-body">
</div>WASHINGTON
– The Justice Department, in close coordination with the Department of
Education, announced today a successful first year of the <a href="https://www.justice.gov/opa/pr/justice-department-and-department-education-announce-fairer-and-more-accessible-bankruptcy">new process</a>
for handling cases in which individuals seek to discharge their federal
student loans in bankruptcy. One year after Associate Attorney General
Vanita Gupta announced the process in November 2022, data and
information show that the process is achieving its goals of ensuring
consistency and equity in the evaluation of student loan discharge
requests, and that the process has translated into increasing numbers of
eligible federal student loan borrowers seeking and obtaining debt
relief under the Bankruptcy Code.   The departments finalized new guidance in November 2022 that <a href="https://www.justice.gov/media/1260376/dl?inline">outlined</a>
a fairer, more accessible process to ensure consistent treatment of the
discharge of federal student loans, reduce the burden on borrowers of
pursuing such proceedings, and facilitate identifying cases where
discharge is appropriate. At the time, both the departments committed to
assessing the guidance after the first year of implementation. To do
so, the Justice Department surveyed all 94 U.S. Attorneys’ Offices and
consulted closely with the Department of Education to gather data and
comments on the process. A dedicated group of experts within the Civil
Division also collected input on the new process from consumer law
groups, including the National Association of Consumer Bankruptcy
Attorneys. Finally, the Civil Division has conducted large-scale
trainings for Department attorneys, as well as public training events
supported by regional bar associations and the courts, including most
recently a training session hosted by the American Bankruptcy Institute
that was attended by over 300 consumer bankruptcy attorneys. The
Department of Education also participated in training events hosted by
regional bar associations, as well as at the annual meeting of the
National Association of Chapter 13 Trustees (NACTT), which included
private attorneys as well as Chapter 13 trustees.The information that the departments have collected indicates that
the new process is making it easier for eligible debtors to achieve
bankruptcy discharge of their federal student loan debts. Since the
process was announced one year ago:     <div class="node-body"><div><div class="field-formatter--text-default field-text-format--wysiwyg text-formatted field_body">
<ul><li>632 cases were filed in the first 10 months of the new process
(November 2022 through September 2023), a significant increase from
recent years. The departments anticipate that this trend will continue.</li><li>97% of all borrowers in the cases filed are voluntarily using the new streamlined process.</li><li>The vast majority of borrowers seeking discharge have received full
or partial discharges. In 99% of cases where courts have entered orders
or judgments to date, the government recommended, and the court agreed
to, a full discharge or partial discharge. </li><li>Two bankruptcy courts — the Northern and Central Districts of
California — have adopted procedures recognizing the utility of the new
process, aimed at further streamlining the procedures debtors must
follow to obtain discharges.</li></ul>
</div></div></div>“One year ago, we set out to simplify and improve the process for
student loan borrowers in bankruptcy,” said Associate Attorney General
Gupta. “I am thrilled that our one-year review indicates that our
efforts have made a real difference in borrowers’ lives by ensuring
student-loan discharges are more accessible to eligible borrowers. We
will continue working with our partners at the Department of Education
to ensure the process continues to be a success.”“It is clear that this improved process is helping struggling
borrowers,” said Chief Operating Officer Rich Cordray of the Department
of Education's Office of Federal Student Aid. “This guidance is an
important piece of our overall efforts to create a student loan system
that is more humane, with affordable payments and programs that work as
intended. In partnership with the Justice Department, we will continue
working to streamline this process and to provide student loan borrowers
a pathway to obtaining much-needed relief in bankruptcy.”Because the new process is working well, the Justice Department is
not making any changes to the guidance at this time. The departments
will continue to meet regularly to ensure that the guidance is
appropriately implemented and to consider adjustments as warranted.
Subject-matter experts in the Civil Division plan to continue to promote
awareness of and provide training on the guidance both within and
outside the government. The departments will also continue to conduct
outreach to the broader community potentially affected by the process.<div class="node-updated-date">Updated November 16, 2023</div>]]></description>
<category>Latest News</category>
<pubDate>Fri, 17 Nov 2023 13:36:00 GMT</pubDate>
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<title>Ed Boltz Appointed as Alternate Rep for Neg Reg Student Loan Debt Relief Committee</title>
<link>https://nacba.org/news/654791/</link>
<guid>https://nacba.org/news/654791/</guid>
<description><![CDATA[FOR IMMEDIATE RELEASE
Contact: Krista D’Amelio, Director of Government Affairs & Communications, NACBA, <a href="mailto:krista.damelio@nacba.com">krista.damelio@nacba.com</a>
ED BOLTZ APPOINTED AS ALTERNATE REPRESENTATIVE ON THE DEPARTMENT OF EDUCATION NEGOTIATED RULEMAKING COMMITTEE FOR STUDENT LOAN DEBT RELIEF
Washington, DC – The National Association of Consumer Bankruptcy Attorneys (NACBA) and the National Association of Student Loan Lawyers (NASLL) are pleased to announce the appointment of Ed Boltz as an alternate representative to the Department of Education Negotiated Rulemaking ("Neg Reg") Student Loan Debt Relief Committee on behalf of NACBA and NASLL. Boltz will serve as an advocate for consumer interests and the concerns of our client constituency, contributing to the Biden-Harris Administration's efforts to provide debt relief to as many student loan borrowers as possible.
This appointment comes as the Biden-Harris Administration advances its commitment to delivering student debt relief through negotiated rulemaking under the Higher Education Act, seeking to alleviate the financial burden on millions of Americans. The administration has expressed its goal to swiftly provide support to borrowers who are in need. Ed Boltz's appointment as an alternate representative to the 2023 Neg Reg Student Loan Debt Relief Committee demonstrates the administration's commitment to including diverse voices in the rulemaking process.
“Mr. Boltz is a former President of NACBA, an active member of its board of directors, and has been a powerful advocate for consumer debtors throughout his career,” states NACBA President Richard Nemeth.  “He has an encyclopedic understanding of both consumer bankruptcy law and student loan law and will be a valuable addition to the rule-making committee.”
Joshua Cohen, President of NASLL, adds “Student borrowers increasingly turn to lawyers for assistance in navigating the various complicated relief programs available from the Department of Education and NASLL is gratified that the Department recognizes the importance of this assistance through its appointment of Ed Boltz
 as a member of this rulemaking committee.” 

The committee comprises non-federal negotiators from various constituency groups and a negotiator from the Department, who will provide input on the policy considerations outlined by the Department. Additionally, the Department of Education <a href="https://www2.ed.gov/policy/highered/reg/hearulemaking/2023/session-1--issue-paper-student-loan-reliefom-committee.pdf?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=">released an issue paper</a> outlining its preliminary policy considerations for implementing student debt relief. This paper poses five crucial questions concerning different categories of affected borrowers. These categories include those with balances exceeding their original loan amounts, borrowers who entered repayment decades ago, individuals who attended programs that did not offer adequate financial value, those eligible for income-driven repayment relief but have not applied, and borrowers facing financial hardship without adequate support from the current system.
U.S. Secretary of Education Miguel Cardona emphasized the administration's commitment to addressing the student debt crisis, saying, "We're committed to standing up for borrowers and making sure that student debt does not stop anyone from climbing the economic ladder and pursuing the American dream."
The first committee meeting is scheduled for October 10 and 11, with additional meetings planned for November and December. The public will also have opportunities to offer comments and input. Updates on the student debt relief rulemaking process can be found on the Department's website. Members of the public who wish to view the committee's sessions or provide public testimony can also find information on the website closer to the committee's meetings.
For more information, please visit: <a href="https://www2.ed.gov/policy/highered/reg/hearulemaking/2023/index.html?src=rn&utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=">https://www2.ed.gov/policy/highered/reg/hearulemaking/2023/index.html?src=rn&utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=</a> 
For a full list of Committee Members visit: <a href="https://www2.ed.gov/policy/highered/reg/hearulemaking/2023/student-loan-debt-relief-committee-list.pdf">https://www2.ed.gov/policy/highered/reg/hearulemaking/2023/student-loan-debt-relief-committee-list.pdf</a> 
##
<a href="http://www.nacba.org/">About NACBA</a> 


NACBA is the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy. Formed in 1992, NACBA now has more than 4,000 members located in all 50 states and Puerto Rico. From its earliest days, NACBA has devoted enormous energy to protecting and enhancing the rights of consumer bankruptcy debtors by getting involved in legislative efforts to change the Bankruptcy Code.
<a href="https://www.nasll.org/">About NASLL</a>


NASLL is a 501c3, devoted to the needs and interests of private-practice student loan lawyers. Its purpose is to develop a formal liaison
between the Department of Education, legal aid and non-profit student loan advocacy groups such as NCLC/NACA, its Student Loan Borrower Assistance Project, the Student Borrower Protection Center and NACBA. <a href="https://cdn.ymaws.com/nacba.org/resource/collection/FAD34B26-695D-4877-A676-C45F62717884/NegReg_Committee_Boltz_Press_Release_10102023_v2.pdf">Download NACB's full press release</a>
]]></description>
<category>Latest News</category>
<pubDate>Tue, 10 Oct 2023 21:43:00 GMT</pubDate>
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<title>NACBA/NASLL/NACA Request ED broaden scope of stakeholders- student debt relief</title>
<link>https://nacba.org/news/651920/</link>
<guid>https://nacba.org/news/651920/</guid>
<description><![CDATA[Dr. Miguel Cardona Secretary of Education U.S. Department of Education 400 Maryland Avenue, SW Washington, D.C. 20202   September 19, 2023   Dear Secretary Cardona: The National Association of Student Loan Lawyers  (<a href="https://www.nasll.org/" target="_blank">NASLL</a>),  the National Association of Consumer Advocates (<a href="https://www.naca.com/" target="_blank">NACA</a>) and the National Association of Consumer Bankruptcy Attorneys (<a href="https://nacba.org/" target="_blank">NACBA</a>) write to request that the Department of Education broaden the number and scope of stakeholders that are invited to participate in the upcoming <a href="https://www2.ed.gov/policy/highered/reg/hearulemaking/2023/index.html#sldr" target="_blank">negotiated rulemaking</a> regarding "its work to open a new pathway to student debt relief". The negotiated rulemaking promises to be of great benefit to embattled student loan borrowers, who many of our community members represent. However, the current participant list for the rulemaking includes a primary and alternate representative from the following groups:  <ul style="list-style-type: disc;"><li style="text-align: justify;">Four spots for current students and student loan borrowers based upon the level of program attended. The Department is particularly interested in a variety of experiences with student loans and postsecondary education, including attending different types of institutions, receiving a Pell Grant, and borrowing a Parent PLUS loan.</li><li style="text-align: justify;">Four spots for different types of institutions of higher education, including Historically Black Colleges and Universities and minority serving institutions.</li><li style="text-align: justify;">Two spots for State officials and Attorneys General.</li><li style="text-align: justify;">Two spots for civil rights organizations and legal assistance organizations.</li><li style="text-align: justify;">One spot for a U.S. military service member or veteran.</li><li style="text-align: justify;">One spot for a representative from the Federal Family Education Loan program.</li></ul> The list appears to be based on the provisions of the Higher Education Act, found at 20 U.S.C. 1098a(1), which provide that: The Secretary shall obtain public involvement in the development of proposed regulations for this subchapter. The Secretary shall obtain the advice of and recommendations from individuals and representatives of the groups involved in student financial assistance programs under this subchapter, such as students, legal assistance organizations that represent students, institutions of higher education, State student grant agencies, guaranty agencies, lenders, secondary markets, loan servicers, guaranty agency servicers, and collection agencies. (Emphasis added.) The phrase, “such as,” is clearly not a limitation but rather meant to be illustrative of the types of participants that should be included in negotiated rulemaking. This more expansive view is further supported by the Congressional finding that “one of the key strengths of negotiated rulemaking is its flexibility and adaptability to the exigencies of particular rulemakings”,   U.S. Congress, Senate Committee on Governmental Affairs, Negotiated Rulemaking Act of 1989, report to accompany S. 303, 101st Cong., 1st sess., August 1, 1989, S. Rept. 101-97 (Washington: GPO, 1989), p. 7. The federal government has recognized, including in Consumer Financial Protection Bureau reports, and the Department of Justice guidance regarding student loan bankruptcy litigation, that companies produce a wide range of sloppy, patchwork practices that can create obstacles to repayment, raise costs, cause distress, and contribute to driving struggling borrowers to default,"  When those borrowers are ineligible for assistance from legal aid programs,  they turn to a growing community of private student loan attorneys for assistance in navigating the various student loan relief options.  Those student loan borrowers are not directly represented by any other listed stakeholder. Among the proposed changes to regulations are many which extend beyond administrative solutions to those that will involve participation and legal representation in court proceedings. For example, the Department of Education has proposed to revise §685.209(k)(4)(iv)(K) to provide that the Department will award credit toward Income Driven Repayment (IDR) forgiveness for months where the Secretary determines that the borrower made payments under an approved bankruptcy plan.  Ensuring that the Department’s policy is achieved in compliance with the Bankruptcy Code, Rules and practice can best be accomplished through welcoming and including the expert views of attorneys who regularly represent student borrowers in Chapter 13 bankruptcies. Often due to limited resources, many low-income legal assistance organizations are unable to routinely handle such cases. One of the goals of negotiated rulemaking is to ensure the rule is realistic, so that “[r]ules drafted by persons who must ultimately be governed by them are more likely to be practical, and therefore more acceptable to affected persons.” See Administrative Conference of the US Negotiated Rulemaking Sourcebook, Chapter 1, P. 4. The perspective of borrowers’ legal representatives, and specifically private student loan attorneys, will help to ensure that the results of the negotiated rulemaking will be practical, efficient and effective. Further,  to the extent that it is applicable, given the separate authority to conduct negotiated rulemaking under the Higher Education Act, (see <a href="https://www.govinfo.gov/content/pkg/USCODE-2021-title20/pdf/USCODE-2021-title20-chap70-subchapI-partF-sec6571.pdf" target="_blank">20 U.S. Code § 6571(b)(4)</a>), the Federal Advisory Committee Act pursuant to 5 U.S.C. §585(b) may limit the size of a negotiated rulemaking committee to 25 members (in the absence of determination by the Secretary that more members are needed).The current committee is proposed to consist of only 14 members, leaving more than sufficient space to include others, especially legal advocates in the private sector who act on behalf of borrowers to help them to vindicate their rights.. Additionally,  private attorney stakeholders can be reasonably expected to bear their own costs and expenses for participation, 5 U.S. Code § 568, making their inclusion of minimal budgetary consequence. While virtual negotiated rulemaking sessions scheduled for October, November, and December 2023, will be open to the public and will include opportunities for public comment, the time allowed is severely limited with respect to the information and perspective that private student loan attorneys are ready to contribute to the proceedings. We urge the Department of Education to include private student loan attorneys as official stakeholders in its negotiated rulemaking process. Thank you for considering our request. Sincerely, Richard NemethNACBA President Joshua Cohen NASLL President Ira Rheingold NACA Executive Director <a href="https://nacba.org/resource/resmgr/legislative/nacba_nasll_naca_negotiated_.pdf">Download the coalition letter</a>      ]]></description>
<category>Latest News</category>
<pubDate>Tue, 19 Sep 2023 20:02:00 GMT</pubDate>
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<title>NACBA’s Position on Biden v. Nebraska and the Future of Discharging Student Loan Debt in Bankruptcy</title>
<link>https://nacba.org/news/645749/</link>
<guid>https://nacba.org/news/645749/</guid>
<description><![CDATA[NACBA’s Position on Biden v. Nebraska and the Future of Discharging Student Loan Debt in Bankruptcy For Immediate ReleaseJuly 12, 2023Contact: Krista D’Amelio, NACBA Director of Government Affairs & Communications: <a href="mailto:krista.damelio@nacba.com">krista.damelio@nacba.com</a> WASHINGTON, DC—The U.S. Supreme Court recently issued its opinion in Biden v. Nebraska in which it ruled that President Biden’s plan to cancel up to $20,000 in student loan debt per borrower under the CARES Act was beyond his constitutional authority. NACBA is disappointed in the Court’s decision as the plan would have afforded broad relief to millions of borrowers who are struggling under historic amounts of student loan debt. The Administration is currently reviewing alternative means to achieve the same end, but for now, blanket forgiveness of student loan debt is not available. The opinion made clear, however, that the dischargeability of student loan debt in bankruptcy for those who can demonstrate that repayment of the debt would pose an undue hardship remains a viable option.  In fact, by rejecting the blanket or mass cancellation of loans, the decision strengthened the recent Department of Justice guidelines on Student Loan Adversary Proceedings [SLAPs] in bankruptcy, as those are individualized to the facts of each case.  With student loan payments set to resume in October after a three-year forbearance, bankruptcy remains the most comprehensive and powerful way for people in financial distress to obtain relief, and NACBA encourages borrowers who are struggling under their student loan debt to discuss their options with a consumer bankruptcy attorney.    "The cost of secondary education in the United States is soaring: Americans now owe more than $1.76 trillion in student loan debt—more than credit card debt and automobile loan debt—with average balances per borrower nearly twice as high as they were a generation ago,” says NACBA President Richard Nemeth. “With the economy still recovering from the devastating effects of the COVID pandemic, it has become increasingly difficult for borrowers in financial distress to repay. This not only puts borrowers at risk, it can also affect parents and grandparents who sacrifice their life savings to help.”Though disappointing, the Supreme Court’s ruling has made clear that best way to proceed to address the student loan debt problem is for Congress to act.  NACBA believes the bi-partisan Cornyn/Durbin bill which would restore full dischargeability of student loans for debtors who can demonstrate need is the best option.  “President Biden's plan would have provided significant assistance and NACBA is disappointed in the Supreme Court's recent decision and hopeful that another basis for providing some relief can be found,” continues Nemeth. “In the meantime, NACBA will continue to work with our legislative partners toward restoring the dischargeability of student loans in bankruptcy and, as always, will continue to diligently advocate for our clients to get the best outcomes available.”##About NACBANACBA is the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy. Formed in 1992, NACBA now has more than 4,000 members located in all 50 states and Puerto Rico.From its earliest days, NACBA has devoted enormous energy to protecting and enhancing the rights of consumer bankruptcy debtors by getting involved in legislative efforts to change the Bankruptcy Code. NACBA serves as the voice for debtor attorneys and their clients in the U.S. Congress, the Justice Department, the Judiciary, and other federal agencies. NACBA also works with its members to represent consumer debtor interest in state capitals. NACBA’s team of legislative advocates in Washington works with a coalition of allies who often join our efforts. For more information visit <a href="http://www.nacba.org">nacba.org</a>. <a href="https://nacba.org/resource/resmgr/legislative/documents/biden_v_nebraska_press_relea.pdf">Download NACBA's press release</a> ]]></description>
<category>Latest News</category>
<pubDate>Wed, 12 Jul 2023 15:42:00 GMT</pubDate>
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<title>If you paid fees to access federal court records on PACER</title>
<link>https://nacba.org/news/645484/</link>
<guid>https://nacba.org/news/645484/</guid>
<description><![CDATA[<div style="background-color:#FFFFFF;color: #333333;;font-family:Arial,Helvetica,sans-serif;padding:0;margin:0;font-size:110%;"><table id="HLMsgOuter" name="HLMsgOuter" width="100%" cellspacing="0" cellpadding="0" border="0"><tbody><tr><td align="center"><table style="background-color: #ffffff;" border="0"><tbody><tr><td><table width="100%" cellspacing="0" cellpadding="4" border="0"><tbody><tr><td colspan="2" align="left"><table width="100%" cellpadding="5" border="0"><tbody><tr><td><div class="uconBody"><div dir="ltr"><div><div dir="ltr"><div><div dir="ltr"><div><div><div dir="ltr" style="font-size:12pt;font-family:Calibri,Helvetica,sans-serif,serif,EmojiFont;margin:0px;text-align:start;color:#242424;background-color:#ffffff;"><div style="margin-bottom:6pt;">If you paid fees to access federal court records on PACER at any time between April 21, 2010 and May 31, 2018, a proposed class action settlement may affect your rights.</div></div></div></div></div></div></div></div></div></div></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table></div><div style="background-color:#FFFFFF;color: #333333;;font-family:Arial,Helvetica,sans-serif;padding:0;margin:0;font-size:110%;"><table id="HLMsgOuter" name="HLMsgOuter" width="100%" cellspacing="0" cellpadding="0" border="0"><tbody><tr><td align="center"><table style="background-color: #ffffff;" border="0"><tbody><tr><td><table width="100%" cellspacing="0" cellpadding="4" border="0"><tbody><tr><td colspan="2" align="left"><table width="100%" cellpadding="5" border="0"><tbody><tr><td><div class="uconBody"><div dir="ltr"><div><div dir="ltr"><div><div dir="ltr"><div><div><div dir="ltr" style="font-size:12pt;font-family:Calibri,Helvetica,sans-serif,serif,EmojiFont;margin:0px;text-align:start;color:#242424;background-color:#ffffff;"><div style="margin-bottom:6pt;">Nonprofit groups filed this lawsuit against the United States, claiming that the government has
unlawfully charged PACER users more than necessary to cover the cost of providing public access to federal court records. The lawsuit, National Veterans Legal Services Program, et al. v. United States, Case No. 1:16-cv-00745-PLF, is pending in the U.S. District Court for the District of Columbia. This notice is to inform you that the parties have decided to settle the case for $125,000,000. This amount is referred to as the common fund. The settlement has been preliminarily approved by the Court.</div> <div style="margin-bottom:6pt;">Why am I receiving this notice? You are receiving this notice because you may have paid PACER fees between April 21, 2010 and May 31, 2018. This notice explains that the parties have entered into a proposed class action settlement that may affect you. You may have legal rights and options that you may exercise before the Court decides to grant final approval of
the settlement.</div> <div style="margin-bottom:6pt;">What is this lawsuit about? The lawsuit alleges that federal courts have been charging unlawfully excessive PACER fees. It alleges that Congress has authorized the federal courts to charge PACER fees only to the extent necessary to cover the costs of providing public access to federal court records, and that the fees for use of PACER exceed its costs. The lawsuit further alleges that the excess PACER fees have been used to pay for projects unrelated to PACER. The government denies these claims and contends that the fees are lawful. The parties have agreed to settle.</div> <div style="margin-bottom:6pt;">Who represents me? The Court has appointed Gupta Wessler PLLC and Motley Rice LLC to represent the Class as Class Counsel. You do not have to pay Class Counsel
or anyone else in order to participate. Class Counsel's fees and expenses will be deducted from the common settlement fund. You may hire your own attorney, if you wish, at your own expense.</div> <div style="margin-bottom:6pt;">What are my options?</div> <div style="margin-bottom:6pt;">OPTION 1. Do nothing. If you are an accountholder and directly paid your own PACER fees, you do not have to do anything to receive money from the settlement. You will automatically receive a check for your share of the common fund assuming the Court grants final approval of the settlement. If someone directly paid PACER fees on your behalf, you should direct your payment to that individual or entity at <a href="https://mailtrack.io/trace/link/b05b6ba6d3530c8dbe6cafb1e48d99c2aa3707c3?url=https%3A%2F%2Furldefense.com%2Fv3%2F__http%3A%2F%2Fe.pacerfeesclassaction.com%2Frd%2F9z4zsa571pr8lr5j5inuqhm29f1ncju903d14ej9i4g_rp22sh2s8i66o70stg60or6cjh2bs__%3B!!DMYgIb-w!xPhObz9jGVb5FJ3wOZRYEuhHCkBiyux8IQKYQNN6rYCLCgCKj6G7X5CBeVDEEJLGVj9gJjGByyd9TT1rpm15wDAYy8IQ0rU%24&userId=750916&signature=8adfb30e54a91526" title="https://mailtrack.io/trace/link/b05b6ba6d3530c8dbe6cafb1e48d99c2aa3707c3?url=https%3A%2F%2Furldefense.com%2Fv3%2F__http%3A%2F%2Fe.pacerfeesclassaction.com%2Frd%2F9z4zsa571pr8lr5j5inuqhm29f1ncju903d14ej9i4g_rp22sh2s8i66o70stg60or6cjh2bs__%3B!!DMYgIb-w!xPhObz9jGVb5FJ3wOZRYEuhHCkBiyux8IQKYQNN6rYCLCgCKj6G7X5CBeVDEEJLGVj9gJjGByyd9TT1rpm15wDAYy8IQ0rU%24&userId=750916&signature=8adfb30e54a91526"> www.pacerfeesclassaction.com</a> no later than Tuesday, September 5th, 2023. If you accept payment of any settlement proceeds, you are verifying that you paid the PACER fees and are
the proper recipient of the settlement funds.</div> <div style="margin-bottom:6pt;">OPTION 2. Object or go to a hearing. If you paid PACER fees, you may object to any aspect of the proposed settlement. Your written objection must be sent by Tuesday, September 12th, 2023 and submitted as set out in the Notice of Proposed Class Action Settlement referred to below. You also may request in writing to appear at the Fairness Hearing on Thursday, October 12th, 2023.</div> <div>How do I get more information? This is only a summary of the proposed settlement. For a more detailed Notice of Proposed Class Action Settlement, additional information on the lawsuit and proposed settlement, and a copy of the Settlement Agreement, visit <a href="https://mailtrack.io/trace/link/489e42897d120dace9593f8fa4fa817f4ca59229?url=https%3A%2F%2Furldefense.com%2Fv3%2F__http%3A%2F%2Fe.pacerfeesclassaction.com%2Frd%2F9z4z1orohp8t8diel7fu4t2ns9glk7ldsl4q580dpi8_rp22sh2s8i66o70stg60or6cjh2bs__%3B!!DMYgIb-w!xPhObz9jGVb5FJ3wOZRYEuhHCkBiyux8IQKYQNN6rYCLCgCKj6G7X5CBeVDEEJLGVj9gJjGByyd9TT1rpm15wDAYGjquQB0%24&userId=750916&signature=1adc6dd084ee5ad9" title="https://mailtrack.io/trace/link/489e42897d120dace9593f8fa4fa817f4ca59229?url=https%3A%2F%2Furldefense.com%2Fv3%2F__http%3A%2F%2Fe.pacerfeesclassaction.com%2Frd%2F9z4z1orohp8t8diel7fu4t2ns9glk7ldsl4q580dpi8_rp22sh2s8i66o70stg60or6cjh2bs__%3B!!DMYgIb-w!xPhObz9jGVb5FJ3wOZRYEuhHCkBiyux8IQKYQNN6rYCLCgCKj6G7X5CBeVDEEJLGVj9gJjGByyd9TT1rpm15wDAYGjquQB0%24&userId=750916&signature=1adc6dd084ee5ad9"> www.pacerfeesclassaction.com,</a> call 866-952-1928,<a href="https://mailtrack.io/trace/link/d42c1586b9c03f9ce78a76c24be4921d00fd1b21?url=http%3A%2F%2Fvoice.google.com%2Fcalls%3Fa%3Dnc%2C%252B18669521928&userId=750916&signature=6b65637d73d8b809" title="https://mailtrack.io/trace/link/d42c1586b9c03f9ce78a76c24be4921d00fd1b21?url=http%3A%2F%2Fvoice.google.com%2Fcalls%3Fa%3Dnc%2C%252B18669521928&userId=750916&signature=6b65637d73d8b809"></a><a href="https://mailtrack.io/trace/link/bc1cafdd839e6afbf3cadad54186b4f3db90449c?url=http%3A%2F%2Fvoice.google.com%2Fcalls%3Fa%3Dnc%2C%252B18669521928&userId=750916&signature=93bb2f659da376e8" title="https://mailtrack.io/trace/link/bc1cafdd839e6afbf3cadad54186b4f3db90449c?url=http%3A%2F%2Fvoice.google.com%2Fcalls%3Fa%3Dnc%2C%252B18669521928&userId=750916&signature=93bb2f659da376e8"></a> or write to: PACER Fees Class Action Administrator, P.O. Box 301134, Los Angeles, CA, 90030-1134.</div></div></div></div></div></div></div></div></div></div></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table></div>]]></description>
<category>Latest News</category>
<pubDate>Mon, 10 Jul 2023 00:16:00 GMT</pubDate>
</item>
<item>
<title>NACBA State Advocacy: NJ Assemblyman Moriarty Proposes Bill to Safeguard Homes & Bank Accounts</title>
<link>https://nacba.org/news/645004/</link>
<guid>https://nacba.org/news/645004/</guid>
<description><![CDATA[<div>NACBA State Advocacy: NJ Assemblyman Moriarty Proposes Bill to Safeguard Homes & Bank Accounts NACBA’s New Jersey Working Group, in partnership with NCLC, NJ Appleseed and NJ Citizen Action, have been working to craft & advocate for a state homestead exemption law in NJ to protect families from losing their homes & safeguard essential needs from debt collectors. Trenton, NJ – June 30, 2023: The National Association of Consumer Bankruptcy Attorneys (NACBA) commends Assemblyman Paul D. Moriarty (D-4) for the introduction of <a href="https://www.njleg.state.nj.us/bill-search/2022/A5707">Assembly Bill 5707</a> (A5707), which aims to establish homestead and bank account exemptions in New Jersey, providing crucial protection for individuals in debt and enhancing existing safeguards for household goods. In New Jersey, families currently lack a dedicated state homestead exemption to shield their homes from financial turmoil. The devastating consequences of home loss render families displaced, making future homeownership an insurmountable challenge--particularly amidst our current national economic recovery. Responding to this pressing issue, a diverse coalition of NJ Advocates, including NACBA, NCLC, NJ Citizen Action, and NJ Appleseed, has collaborated to develop a comprehensive bill that safeguards the family home, bank accounts, and a reasonable amount of household goods. A5707 will achieve the following key objectives: <ol><li>Establish a Homestead Exemption: A5707 will safeguard the greater of either the median sale price for a single-family home in the county (capped at $600,000) or $300,000, effectively shielding families from undue hardship.</li><li>Expand Protection for Household Goods: Recognizing the outdated nature of the existing exemption of $1,000, A5707 proposes an appropriate increase to $15,000. This adjustment, last revised in 1973, reflects the contemporary value of essential household items.</li><li>Implement Self-Executing Bank Account Protection: Presently, New Jersey law offers no safeguards for bank accounts, leaving families vulnerable to complete depletion of their funds by debt collectors. This perilous situation can lead to a cascade of financial burdens, including overdraft fees, unpaid rent, and car payments, potentially resulting in job loss and homelessness. A5707 introduces a self-executing protection of $10,000, ensuring that families are shielded from such precarious circumstances without the need for legal intervention, as most judgments default.</li></ol> "An increasing number of New Jersey homeowners depend on the homestead exemption to shield their homes from creditor claims. However, rising home values and a lack of a dedicated state homestead exemption have made this protection unattainable for many during times of utmost need," stated Krista D'Amelio, NACBA's Director of Government Affairs. "NACBA firmly believes NJ is long-overdue in establishing a state homestead exemption law, especially in the aftermath of the COVID-19 crisis. By preserving their homes, debtors can rebuild their financial well-being and stability. We are proud to be part of this dedicated coalition and express our gratitude to Assemblyman Moriarty for his support. We extend our thanks for introducing A5707 and eagerly anticipate our continued collaboration in rebalancing the rights of families and debt collectors in a more equitable manner." For further information, please contact: Krista D'Amelio NACBA Director of Government Affairs & Communications: <a href="mailto:krista.damelio@nacba.com">krista.damelio@nacba.com</a></div>]]></description>
<category>Latest News</category>
<pubDate>Sat, 1 Jul 2023 17:52:00 GMT</pubDate>
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<item>
<title>NACBA State Advocacy: Michigan Sen Mary Cavanagh Introduces Bill to Enhance Bankruptcy Exemptions</title>
<link>https://nacba.org/news/644709/</link>
<guid>https://nacba.org/news/644709/</guid>
<description><![CDATA[NACBA State Advocacy: Michigan Senator Mary Cavanagh Introduces Bill to Enhance Bankruptcy Exemptions NACBA's MI working group has collaborated closely with Senator Cavanagh to ensure that Michigan families are granted a fresh start and are protected from losing their homes, cars, and public benefits to creditors. Lansing, MI – June 28, 2023: The National Association of Consumer Bankruptcy Attorneys (NACBA) commends State Senator Mary Cavanagh (D-Redford Twp) for her introduction of Senate Bill 409. This bill aims to assist struggling Michigan families in better safeguarding their housing, transportation, and other essential needs while coping with debt. Michigan's current bankruptcy exemptions are outdated, as they were last updated in 2005, and fail to meet even the most basic standards. SB 409 seeks to increase the value of exemptions, ensuring that Michiganders can resolve their debts while safeguarding their homes, transportation, and enough funds to cover necessary expenses until they receive their next paycheck. “When Michigan families experience difficult financial times, bankruptcy might be the best opportunity to start fresh,” said Senator Cavanagh. “If their home, vehicle, and other necessities are lost in the process, regaining financial stability can become an impossible cycle of barriers for many Michiganders.” Currently, Michigan's homestead exemption stands at $46,125, while the car exemption is set at $4,250. It is widely acknowledged that home appreciation in Michigan far exceeds the existing exemption amount. Additionally, the average price of a used car is $27,000. Recognizing these realities, NACBA members in Michigan have actively advocated for changes to the state's bankruptcy exemptions. "NACBA's MI working group fully supports Senator Cavanagh's initiative in introducing SB 409, and we eagerly anticipate continuing our collaboration with her to ensure the implementation of these crucial changes," said Matt Mason, a member of NACBA's Legislative Committee and NACBA's MI Working Group. "Many within the consumer bankruptcy community understand the vital role that state exemption laws play in safeguarding consumers and their families from falling into poverty. These laws also preserve their ability to contribute as productive members of society and achieve financial recovery. SB 409 would further protect homeowners by raising the amount of equity safeguarded to $250,000 ($350,000 for individuals aged 65 or disabled) and safeguard working families' vehicles by increasing the exemption to $15,000. By modernizing our exemption laws, Michigan can prevent creditors and debt buyers from plunging families into poverty." Senator Cavanagh serves as the chair of the Senate Committee on Finance, Insurance, and Consumer Protection. In conjunction with Senate Bill 408, sponsored by Sen. Jeff Irwin (D-Ann Arbor), which addresses exemption categories and amounts in consumer debt garnishment and seizure cases, she introduced SB 409.##Please contact Krista D'Amelio, NACBA Director of Government Affairs & Communications with questions: krista.damelio@nacba.com ]]></description>
<category>Latest News</category>
<pubDate>Wed, 28 Jun 2023 23:55:00 GMT</pubDate>
</item>
<item>
<title>Another state win! New Mexico Homestead Exemption Bill signed by Gov. Lujan Grisham</title>
<link>https://nacba.org/news/644550/</link>
<guid>https://nacba.org/news/644550/</guid>
<description><![CDATA[On March 16, 2023, the New Mexico Legislature <a href="https://www.nmlegis.gov/Legislation/Legislation?Chamber=S&LegType=B&LegNo=216&year=23">passed SB 216</a>,
sweeping legislation which significantly increases the homestead
exemption for New Mexicans from $60,000.00 per person up to $150,000.00
per person effective July 1, 2023. It was signed by Governor Michelle Lujan Grisham on April 4, 2023.Congratulations to NACBA members and their colleagues on successfully advocating for the passage of a much needed updated bankruptcy exemption bill in New Mexico. 
The bill also increases other
exemptions, providing New Mexico families with much-needed relief from
the crushing burden of their debt, such as a $500 individual tax rebate,
a $600 child tax credit, and a gradual reduction in sales tax. 

The major exemptions which were increased by the bill include:
<ul><li style="font-weight: 400;" aria-level="1">The
homestead exemption increasing from $60,000.00 per person ($120,000.00
per married couple) up to $150,000.00 per person ($300,000.00 for a
married couple). This change allows a larger portion of a homeowner's
property to be protected from creditors in the event of bankruptcy.</li><li style="font-weight: 400;" aria-level="1">Household goods and furnishings exempt up to $75,000.00 per person to ensure that families can retain essential household items.</li><li style="font-weight: 400;" aria-level="1">Motor
vehicle exemptions increased from $4,000.00 per person per vehicle to
$10,000.00 per person per vehicle, enabling New Mexicans to keep their
means of transportation and mobility during challenging financial times.</li><li style="font-weight: 400;" aria-level="1">Jewelry exemption increased to $5,000.00 per person to protect personal items with sentimental or monetary value.</li><li style="font-weight: 400;" aria-level="1">Tools of the trade increased to $15,000.00 per person</li><li style="font-weight: 400;" aria-level="1">A wildcard exemption increased from $500 to $15,000.00 per person</li><li style="font-weight: 400;" aria-level="1">An exemption in lieu of a homestead increased from $5,000.00 per person up to $15,000.00 per person</li></ul>
<a href="https://www.nmlegis.gov/Sessions/23%20Regular/final/SB0216.pdf">Download the full bill here. </a>]]></description>
<category>Latest News</category>
<pubDate>Tue, 27 Jun 2023 21:01:00 GMT</pubDate>
</item>
<item>
<title>WA State's Fair Shot Act Signed Into Law</title>
<link>https://nacba.org/news/640380/</link>
<guid>https://nacba.org/news/640380/</guid>
<description><![CDATA[<div>We have another victory in Washington State! The Fair Shot Act (SB 5173/HB 1400) was signed into law by Governor Inslee on May 9th and goes into effect on July 23, 2023. <a href="https://nwclc.org/fairshotact/">The Fair Shot Act</a> is crucial legislation to ensure that Washington families and small business owners are protected from poverty and can maintain financial stability during tough times. NACBA congratulates our friends at the Northwest Consumer Law Center (NWCLC) for their hard work in getting this done. The Fair Shot Act will help ensure that:
<ul><li style="font-size: 11pt; font-family: arial, helvetica, sans-serif; color: #000000;">People keep enough money in their bank account to cover rent and necessities</li><li style="font-size: 11pt; font-family: arial, helvetica, sans-serif; color: #000000;">Working families keep their cars</li><li style="font-size: 11pt; font-family: arial, helvetica, sans-serif; color: #000000;">Couples (married or not) have individual security of their belongings</li><li style="font-size: 11pt; font-family: arial, helvetica, sans-serif; color: #000000;">Small business owners keep the tools they need to run their business</li><li style="font-size: 11pt; font-family: arial, helvetica, sans-serif; color: #000000;">Injured persons protect their compensation for pain and suffering</li></ul>
NACBA was happy to be a part of the coalition that supported our members at NWCLC in helping to get the final passage of the Fair Shot Act. Other partners included: Washington State Association for Justice, National Consumer Law Center, Statewide Poverty
Action Network, the Washington State National Organization of Women for
Washington, and Columbia Legal Services.<a href="https://nacba.org/page/state_advocacy">Learn more</a> on how NACBA can help you advocate in your state.<a href="mailto:krista.damelio@nacba.com">Contact</a>: Krista D'Amelio, NACBA's Director of Government Affairs <div style="background-color:#FFFFFF;color: #333333;;font-family:Arial,Helvetica,sans-serif;padding:0;margin:0;font-size:110%;"> </div></div>]]></description>
<category>Latest News</category>
<pubDate>Mon, 15 May 2023 22:38:00 GMT</pubDate>
</item>
<item>
<title>The National Consumer Bankruptcy Rights Center Welcomes James J. Haller as New Executive Director</title>
<link>https://nacba.org/news/640220/</link>
<guid>https://nacba.org/news/640220/</guid>
<description><![CDATA[The National Consumer Bankruptcy Rights Center (NCBRC) is pleased to announce the appointment of James J. Haller (Jim Haller) as its new Executive Director, effective May 8, 2023. A passionate advocate for consumer bankruptcy rights, Mr. Haller brings a wealth of experience and leadership to the NCBRC as it continues to serve its mission of preserving and enhancing the rights of consumer bankruptcy debtors. As the new Executive Director, Mr. Haller will be responsible for overseeing the day-to-day operations, developing and implementing strategic initiatives, and working closely with the NCBRC board and staff to expand the organization's reach and impact. NCBRC President, Henry Sommer, expressed his enthusiasm for the new appointment, stating, "We are thrilled to welcome Jim Haller to NCBRC. With his extensive background in consumer bankruptcy law and unwavering commitment to protect the rights of those facing financial hardship, we are confident that Jim will lead our organization to new heights in advocating for consumer bankruptcy rights." Mr. Haller also serves as Director of Education at the National Association of Consumer Bankruptcy Attorneys (NACBA) where he is responsible for continuing professional development for NACBA members. His impressive track record of working on behalf of consumer debtors and his dedication to the principles of the NCBRC make him an ideal fit for the Executive Director role. In response to his appointment, Mr. Haller said, "I am deeply honored and excited to join the National Consumer Bankruptcy Rights Center as Executive Director. I look forward to working with the NCBRC Board of Directors, our partners, and the broader bankruptcy community to preserve and promote the rights of consumer debtors. Together, we will ensure that individuals facing financial challenges have access to effective advocates in important appellate cases." About the National Consumer Bankruptcy Rights Center (NCBRC): The National Consumer Bankruptcy Rights Center (NCBRC) is a non-profit organization dedicated to preserving and enhancing the rights of consumer bankruptcy debtors, primarily by filing amicus curiae briefs in appellate courts and assisting consumer debtors’ attorneys in handling appellate cases. NCBRC offers education, advocacy, and support to bankruptcy attorneys, judges, and trustees, as well as consumer advocacy organizations and the general public. By providing research, training, and technical assistance, the NCBRC helps to ensure that consumer bankruptcy cases are resolved fairly, equitably, and in accordance with the law. For more information, please visit NCBRC.org. Media Contact: Henry Sommer NCBRC President henry@henrysommer.com 215-515-3814]]></description>
<category>Latest News</category>
<pubDate>Fri, 12 May 2023 22:38:00 GMT</pubDate>
</item>
<item>
<title>Associate Attorney General Vanita Gupta Delivers Remarks at NACBA</title>
<link>https://nacba.org/news/638964/</link>
<guid>https://nacba.org/news/638964/</guid>
<description><![CDATA[<div class="speech-info">
<div class="field field--name-field-speech-location field--type-addressfield field--label-hidden"><div class="field__items"><div class="field__item even"><div class="addressfield-container-inline locality-block country-US">Washington, DC: </div>Remarks as Prepared for DeliverySpeaker: Vanita Gupta, Associate Attorney General Thank you, Ike, for that kind introduction. It’s a privilege to
be here at NACBA’s annual convention. NACBA does important work ensuring
that debtors receive high-quality legal representation and advocating
for systemic improvements to the bankruptcy system. I’m grateful for the
chance to speak to you all today about the Justice Department’s efforts
on consumer-bankruptcy issues and how those efforts connect to our
broader priorities.I don’t need to persuade this group of the importance of bankruptcy
law. More Americans come to the courts in bankruptcy proceedings than in
almost any other area of practice. And they come to the courts at a
vulnerable point in their lives. The bankruptcy system has enormous
power — yet, in part because of that power and because it can be so
difficult to understand from the outside, the bankruptcy process is
prone to abuse. The stakes of the bankruptcy process succeeding or failing are very
high. People coming to the bankruptcy courts may not have great trust in
our legal system. They have often just experienced a wrenching event,
like a job loss, a natural disaster or a medical emergency. They may
have been the victims of fraud or of unfair, deceptive or abusive
lending practices. They may feel that other legal protections should
have stopped them from reaching this point. And they may worry about
what comes after the bankruptcy filing. If a bankruptcy goes well, the
debtor will start fresh with increased confidence in our institutions
and our legal system. But if it goes poorly, she or he may experience a
loss of trust as well as more acute financial harms.So people in bankruptcy need skillful, ethical, creative, empathetic
lawyers — lawyers who understand the gravity of the situation and who
prioritize their clients’ interest in putting their debts behind them.
What NACBA does to disseminate best practices throughout the bankruptcy
bar is essential. And what the National Consumer Bankruptcy Rights
Center does in coordinating high-quality legal arguments in important
cases is also crucial for the development of the law.But even the most talented debtors’ attorneys cannot confront these
problems alone. The success of the bankruptcy system is too important to
leave to any single group. And understanding these failures requires
thinking about bankruptcy’s relationship to the legal system as a whole.So I want to focus today on what the Department of Justice is doing,
across our components, to reflect our commitment to “ensur[ing] economic
opportunity and fairness” in bankruptcy and beyond. Our work falls into
four themes — breaking down barriers, ensuring access, promoting
fairness and demanding accountability.The first of these themes is about breaking down barriers, both within the Justice Department and across the federal family.I have spent my entire career pursuing justice for the most
vulnerable among us, including communities of color, immigrants and
refugees, victims of violence and people who are incarcerated. I know
that, at its best, law can be a tool for those communities to vindicate
our country’s promises of liberty and justice for all. When people face
employment or housing discrimination; when they are victims of financial
predators; when their communities are disproportionately affected by
environmental harms; when they lose their jobs as companies consolidate —
those actions distort the free, fair, and competitive economy. They
undermine our democracy. And they often violate the law. The Justice
Department is working hard to address those wrongs.My portfolio as Associate Attorney General touches upon a wide range
of subjects: everything from voting rights and police practices to
competition and consumer protection, as well as efforts to ensure that
we improve the quality of indigent criminal defense and enhance civil
legal representation for low-income litigants. But there are values that
bring those disparate strands together. And among those values is a
commitment to economic justice. Bankruptcy law is an area where law and economic justice meet. And so
a key piece of our bankruptcy work needs to be connecting that work to
the department and the government’s broader economic justice priorities.That project will be spearheaded by the United States Trustee
Program, which I have the privilege of overseeing. The program occupies
an unusual position in the department: Its client is not the federal
government or an individual agency. Instead, it advocates for the
fairness and integrity of the bankruptcy process itself, helping ensure
that the system works for everyone and not just for the powerful. It
guarantees that the bankruptcy laws are followed, even when others would
prefer to bend those rules.As you know, we are delighted to have a new director of the Trustee
Program — Tara Twomey, who was a leader in your organization before she
became a leader in ours. For over two decades, Tara has been a
passionate voice for making the bankruptcy system accessible to all. She
will build on the leadership of her predecessor, Ramona Elliott, who
led the program with distinction following Cliff White’s retirement.I’ve asked Tara to build bridges to other parts of government with a
role to play in this work. The department’s own Office for Access to
Justice, relaunched in this Administration after a period of dormancy,
will be paying more attention to consumer-credit issues, and is planning
to co-host a listening session in the coming months on virtual consumer
debtor meetings, a subject I’ll return to later. We are deepening our
relationships with the Consumer Financial Protection Bureau, because
patterns of creditor misconduct we see could inform its actions under
its own, independent authority. We are in dialogue with the Department
of Education about a range of bankruptcy-related issues, including one
I’ll soon discuss in detail. Every part of the federal government has
its own perspective on these issues, and lowering the barriers between
them will allow us to better see the effects of our policy decisions on
the people most directly affected by the bankruptcy process.Another theme of our work is ensuring that obtaining a fresh start is
no more burdensome than the relevant statutes, rules and court
decisions require. Filing for bankruptcy is onerous: Tara has shown me
examples of the dense collection of complex forms that a debtor must
file to initiate the process. Some of that burden is necessary for the
system to function. But where we can make it easier for eligible debtors
to enter the bankruptcy process, we should. And here’s what we are
doing to advance that goal.First, we are committed to opposing the use of unnecessary form
questionnaires and document checklists. We are working to ensure greater
compliance with the best practices developed in 2012 in coordination
with this group, NABT (National Association of Bankruptcy Trustees), and
NACTT (National Association of Chapter 13 Trustees). To that end, we
have amended our Chapter 7 trustee handbook to incorporate these best
practices and are clearly communicating these expectations to the field.Second, I’m very excited about our Video 341 pilot project. 341
meetings are often the only meeting a debtor will need to attend as part
of a bankruptcy case. And before the pandemic, they often required the
debtor to take time off of work, secure child care, or travel long
distances to attend the in-person meeting. COVID forced us to consider
alternative models for these meetings, and we saw that those meetings
made it easier for debtors and their families. Because of that
experience, we are trying to keep the flexibility of virtual meetings
without sacrificing those meetings’ utility. Already this year, we have
had over 2,000 video meetings in Colorado, Utah and Wyoming — and, just
last week, we announced that we are expanding the pilot program to Ohio,
Michigan, the San Diego area, Hawaii and the Pacific Island
territories. We will continue to refine and expand the program based on
the feedback we receive — and, as I mentioned earlier, USTP and Access
to Justice will hold a listening session on this topic in the coming
months.Third, we heard from consumer advocates, including NACBA, that
chapter 7 trustees were challenging fee waiver requests submitted by the
lowest income debtors. Congress has chosen to allow impoverished
debtors to waive chapter 7 filing fees.  The statute does not require
trustees to review, evaluate, or object to fee-waiver applications, and
needless examination of these applications can be intrusive and impede
access to justice. Earlier this year, we updated our trustee handbook to
instruct trustees that, unless local rules or procedures require
otherwise, they are not expected to scrutinize these fee-waiver
requests.  Absent a direction from Congress or the courts, we do not
want trustees to spend their time flyspecking fee waivers.We are also committed to ensuring that the bankruptcy process, once initiated, proceeds fairly. I’ll focus on a policy that I’m very proud of — our creation of a
more equitable and accessible process to handle student-loan discharge
requests. You know all about — and are advocating to change — the high
bar Congress has set for discharging student loan debt. But we also know
that the bar was not meant to be insurmountable. And after extensive
conversations with our colleagues at the Department of Education and
other stakeholders, we are taking steps to ensure that the statute is
not applied in ways that prevent eligible debtors from discharging their
loans.We came into that policy process with three goals. First, to set
clear, transparent and consistent expectations for discharge that even
unrepresented debtors can understand. Second, to simplify the
fact-gathering process and avoid intrusive and burdensome discovery. And
third, where the facts and law support it, to increase the number of
cases where the government recommends to the bankruptcy court that
student loans should be discharged.I’m happy to say that our new process meets those goals. I’ll cover just a few highlights:We have minimized the need for discovery by encouraging debtors to
file an attestation form with the information the government needs to
evaluate a discharge request. We all know that discovery can be invasive
and time-consuming, and there is no reason to require that prolonged
and extensive process in every case when student-loan-discharge cases
often turn on discrete pieces of information we can obtain in advance.We have set out a number of circumstances where we will presume that
debtors lack future ability to pay. We know, based on our and the
Department of Education’s experiences, that there are categories of
people who are really unlikely to improve their financial
circumstances.  And so if your clients are elderly, disabled, have
experienced long-term unemployment, were unable to obtain the degrees
for which they incurred loans, or have been in repayment on their loans
for more than ten years, we will presume that they will continue to lack
ability to repay their loans, and so will satisfy the relevant portion
of the test. We think that this common-sense approach will make a real
difference on the ground.We are also rethinking our approach to what many courts call the
“good faith” prong of the undue-hardship standard. In our guidance to
Justice Department attorneys litigating these cases, we note that there
are many reasons debtors do not enroll in income-driven repayment plans,
especially given the flaws with many of those plans that the Department
of Education and the CFPB have identified.  Reasonable decisions not to
enroll in those plans should not preclude a debtor from discharging his
or her debt. And decisions by a debtor to make payments, apply for
deferment, or otherwise meaningfully engage with Education or with a
loan servicer are steps that evidence good faith.Since releasing the guidance, we have trained our lawyers throughout
the country on how to implement the new policy. We are already seeing
results: We are aware of at least 100 cases in which borrowers have
agreed to use the process established by the guidance — and, with the
benefit of that process, we have been able to support full or partial
discharge in the overwhelming majority of cases we have considered to
date. One thing that we wanted to do in creating the guidance was to
reevaluate the procedures after one year of operation.  I hope that you
will share your thoughts on how we can continue to improve.Finally, we are hard at work to protect the bankruptcy system from
fraud and inaccuracies. I would be remiss if I didn’t briefly mention
our Chapter 11 work here: USTP is fighting — among other battles — to
block attempts to abuse the bankruptcy process to avoid tort litigation,
including through third-party releases that deprive injured Americans
of their right to sue individuals and entities who are not seeking
bankruptcy protections. But we are also taking a number of steps to
protect consumer debtors specifically.In October, we finalized the resolution of creditor enforcement
matters with two national financial institutions. Those banks were
providing inaccurate proofs of claim in bankruptcy. Together, they
agreed to remediate about $8.5 million to consumer debtors and
bankruptcy estates; neither resolution precludes affected debtors from
pursuing their own actions as appropriate.And moving forward, we are also going to be focused on protecting
debtors from elder fraud and abuse. Combating elder fraud in all its
forms is a priority of the Attorney General and of the Justice
Department, and we have launched new initiatives to help advance elder
justice. Elder fraud can often bankrupt seniors, and we are working to
train department attorneys on how to recognize signs of abuse. We will
not hesitate to make criminal referrals in appropriate cases.What I’ve told you today is just a snapshot of our work to protect
consumers, in bankruptcy and beyond. Our leaders in the department,
including Tara, are thinking through a number of other policy changes to
advance the department’s commitment to economic justice. So I’m sure
we’ll have more to say soon. And in the meantime, I encourage you all to
continue to engage with us when you see something we can do better. We
are listening. Like all other institutions, we cannot change what we do
not know.  And even though we will not see eye-to-eye on all issues, we
are always grateful for thoughtful ideas in this complex area.Let me close with this: During the height of the Civil Rights
Movement, Attorney General Robert F. Kennedy urged members of the legal
profession, as part of their obligation to support equal justice under
law, to use their knowledge and skills to advance the rights of those
who are most vulnerable. He said: “It is time we used those traditional
skills — our precision, our understanding of technicalities, our
adversary skills, our negotiating skills, our understanding of
procedural maneuvers—on behalf of the poor. Only when we have done all
these things, when we’ve created in fact a system of equal Justice for
all — a system which recognizes in fact the dignity of all [people] —
will our profession have lived up to its responsibilities.”Every day, consumer bankruptcy attorneys are at the front line of
this work, bringing tenacity and subject-matter expertise to fight for a
fresh start. Helping debtors traverse the bankruptcy system, although
sometimes challenging, is a direct and tangible way to advance equal
justice under law. So thank you for the work that you do, and I look
forward to continuing to engage.Link: https://www.justice.gov/opa/speech/associate-attorney-general-vanita-gupta-delivers-remarks-national-association-consumer </div></div></div></div>]]></description>
<category>Latest News</category>
<pubDate>Sat, 29 Apr 2023 15:26:00 GMT</pubDate>
</item>
<item>
<title>NACBA AWARDS NATALIE JEAN-BAPTISTE THE 2023 HENRY J. SOMMER SCHOLARSHIP</title>
<link>https://nacba.org/news/635841/</link>
<guid>https://nacba.org/news/635841/</guid>
<description><![CDATA[FOR IMMEDIATE RELEASEMARCH 27, 2023<img alt="" src="https://nacba.org/resource/resmgr/legislative/media/njb_headshot.jpg" style="left: 915px; width: 203px; height: 277px; top: 8px;" />The National Association of Consumer Bankruptcy Attorneys (NACBA) is honored to award the prestigious Henry J. Sommer Scholarship to an exceptional attorney who shows the same dedication of service to their clients that President Emeritus (2005 to 2008) and Board of Directors member (1992 to 2011) Henry J. Sommer gave to NACBA. This year NACBA is pleased to announce that <a href="https://network.nacba.org/network/directory/profile?UserKey=eb1be1d1-8a53-483d-8b1a-0184e9334bd0">Natalie Jean-Baptiste</a> is the recipient of the 2023 Henry J. Sommer Scholarship! Natalie will be recognized for this scholarship during <a href="https://nacba.org/page/NACBA2023">NACBA’s 31st Annual Convention</a> being held in our nation's capital, Washington, DC.Natalie is an experienced consumer bankruptcy attorney with a strong commitment to economic empowerment and social justice. She recently joined The Legal Aid Society of New York as a Staff Attorney after nearly a decade in private practice. Prior to becoming a consumer rights advocate, Natalie worked for many years as a music industry attorney. Her personal experience with student loan debt led her to become a consumer bankruptcy attorney. Natalie shared her story of how she faced terrible difficulty paying her massive student loan debt. She represented herself in a Chapter 7 bankruptcy proceeding and was able to settle her federal student loan debt. After her success, she developed a passion for helping others in the same situation and founded My Student Loan Counselor.com, a counseling service that empowers student loan debtors with the tools and information they need to increase financial stability so that they can have the freedom and peace of mind to live the life of their dreams. In addition to financial education, Natalie also provides legal representation in the areas of credit repair, debt collection defense, bankruptcy and consumer protection. “It is NACBA’s great honor to award the prestigious Henry Sommer Legal Aid Scholarship to Ms. Natalie Jean-Baptiste,” says NACBA President Richard H. Nemeth. “The scholarship is given in recognition of the leading role legal services attorneys play in advocating for consumer debtors in bankruptcy and our gratitude for that important and often difficult work. As a legal aid attorney in Jamaica, New York, Ms. Jean-Baptiste represents debtors in chapters 7 and 13 bankruptcies with determination and passion, and personifies NACBA’s historic commitment the rights of low-income consumers with overwhelming debt.”NACBA looks forward to honoring Natalie in Washington, DC. Look to read about her convention experience in the Fall 2023 edition of NACBA’s Consumer Bankruptcy Journal being published in September 2023. ##Contact: Krista D’Amelio, NACBA Director of Government Affairs & Communications; <a href="mailto:krista.damelio@nacba.com">krista.damelio@nacba.com</a>  ]]></description>
<category>Latest News</category>
<pubDate>Mon, 27 Mar 2023 22:34:00 GMT</pubDate>
</item>
<item>
<title>Jenny L. Doling Appointed to the Judicial Conference Advisory Committee on Bankruptcy Rules</title>
<link>https://nacba.org/news/635636/</link>
<guid>https://nacba.org/news/635636/</guid>
<description><![CDATA[FOR IMMEDIATE RELEASE March 24, 2023 - Chief Justice John Roberts of the U.S. Supreme Court has appointed Jenny L. Doling to serve a three-year term on the Judicial Conference Advisory Committee on Bankruptcy Rules. Her term starts immediately. Jenny L. Doling is a dedicated consumer bankruptcy and tax attorney with years of experience. She’s a Certified State Bar Bankruptcy Specialist. She serves as the Secretary of the National Association of Consumer Bankruptcy Attorneys and as the Vice President of the San Diego Bankruptcy Forum.  She is widely respected for her expertise in the field and her commitment to helping clients navigate complex legal matters. Her appointment to the Advisory Committee is a testament to her reputation and her standing in the legal community. The Judicial Conference Advisory Committee on Bankruptcy Rules is responsible for reviewing and recommending changes to the rules governing bankruptcy proceedings in the U.S. Bankruptcy Courts. The Committee plays an important role in ensuring these rules are fair, effective, and efficient, and that they reflect the needs of all stakeholders in the bankruptcy process. Jenny L. Doling is honored to have been appointed to the Committee and looks forward to serving in this important capacity. She is committed to working with her fellow Committee members to ensure the rules governing bankruptcy proceedings are clear, consistent, and fair to all parties involved. For more information, please contact: J. Doling Law, PCSD:  (619)363-5151 LA:  (310)542-8840 IE:   (760)884-4444 <a href="http://www.JDL.law">www.JDL.law</a> ]]></description>
<category>Latest News</category>
<pubDate>Fri, 24 Mar 2023 17:30:00 GMT</pubDate>
</item>
<item>
<title>TARA TWOMEY SWORN IN AS DIRECTOR OF U.S. TRUSTEE PROGRAM</title>
<link>https://nacba.org/news/633183/</link>
<guid>https://nacba.org/news/633183/</guid>
<description><![CDATA[For Immediate ReleaseFebruary 27, 2023 WASHINGTON, D.C.—The Justice Department today officially swore in Tara Twomey as the new Director of the United States Trustee Program (USTP). USTP is the only neutral party in the bankruptcy process and brings a national perspective to every bankruptcy matter. USTP also plays a critical role in protecting consumer debtors against fraud and abuse. NACBA has confidence that Director Twomey will effectively lead and implement USTP’s core mission to protect the integrity of the bankruptcy system. Director Twomey has over 20 years of experience working on bankruptcy and consumer credit issues, including her service on NACBA's Board of Directors for the past 12 years. “Tara is the right leader for the USTP,” says Hal Nemeth, NACBA President. “NABCA extends our deep gratitude to Tara for her many years of service to our members and organization. Her extensive consumer bankruptcy background, practitioner and teaching experience, and leadership skills will help the U.S. Trustee Program ensure the fairness of the bankruptcy process for debtors, creditors, and the public. While we are sad to see her leave our organization, we are heartened that the Department of Justice is getting such an outstanding person to lead the program." NACBA also recognizes and thanks Director Twomey for her service as the Executive Director of the National Consumer Bankruptcy Rights Center (NCBRC). Created in 2010, NCBRC was founded by NACBA to provide assistance to consumer debtors and their counsel in cases likely to impact consumer bankruptcy law. Director Twomey’s leadership at NCBRC has played a critical role in the center’s success providing assistance to bankruptcy debtors who lacked both financial resources and exposure to the bankruptcy system. We invite you to join us in thanking Tara for her years of service to NACBA and NCBRC, and extending her best wishes as she begins her new role as USTP Director. For any questions contact Krista D’Amelio, NACBA Director of Government Affairs & Communications at <a href="mailto:krista.damelio@nacba.com">krista.damelio@nacba.com</a>  ]]></description>
<category>Latest News</category>
<pubDate>Mon, 27 Feb 2023 19:43:00 GMT</pubDate>
</item>
<item>
<title>National Consumer Bankruptcy Rights Center Seeks Part-time Executive Director</title>
<link>https://nacba.org/news/631687/</link>
<guid>https://nacba.org/news/631687/</guid>
<description><![CDATA[National Consumer Bankruptcy Rights Center Seeks Part-time Executive Director The National Consumer Bankruptcy Rights Center is seeking a new Executive Director. The position will consist of remote work as an independent contractor, approximately half time, although hours may vary from month to month. The National Consumer Bankruptcy Rights Center is a 501(c)(3) organization dedicated to protecting the integrity of the bankruptcy system and preserving the rights of consumer bankruptcy debtors.  Created in 2010, NCBRC was founded by the Board of the National Association of Consumer Bankruptcy Attorneys to provide assistance to consumer debtors and their counsel in cases likely to impact consumer bankruptcy law. For more information, please see our website at: www.ncbrc.org Duties include: •    Coordinating and supervising the filing of amicus briefs in appellate courts around the country, including recruiting brief writers and writing some of the briefs •    Advising consumer debtors’ counsel re appeals they have filed or are considering, including review of briefs •    Coordinating fundraising, including writing grant applications •    Overseeing efforts to educate attorneys about bankruptcy appeals, including presentations at CLE programs, •    Ensuring NCBRC’s web site is updated, and •    Reporting to the NCBRC Board of Directors Qualifications include: •    Experience in consumer bankruptcy appellate matters •    Deep knowledge of consumer bankruptcy law •    Excellent legal writing and verbal communication skills •    Juris Doctor Degree and admission to and good standing in a state and federal bar, and •    Demonstrated commitment to working on behalf of consumer debtors Compensation is at an hourly rate, based on experience. For a detailed job description or questions about position contact henry@henrysommer.com To apply, send a resume, two references, and one or two writing samples (preferably appellate briefs) to henry@henrysommer.com. This position will remain open until filled. Applications should be submitted by March 15, 2023. The National Consumer Bankruptcy Rights Center is an Equal Opportunity and Affirmative Action Employer, and encourages applications from all qualified individuals without regard to race, color, national origin, religion, sex, gender identity, sexual orientation, age, disability or veteran status, or to other non-work-related factors.]]></description>
<category>Latest News</category>
<pubDate>Sun, 12 Feb 2023 02:50:00 GMT</pubDate>
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