The National Consumer Bankruptcy Rights Center (NCBRC) is thrilled to announce the addition of two distinguished professionals to our Board of Directors: Eugene Melchionne and Thomas Moers Mayer. With decades of legal expertise and deep commitments to consumer bankruptcy rights, Gene and Tom bring invaluable knowledge and leadership to our mission.
[Read more…] about NCBRC Welcomes Two Esteemed New Board MembersThe National Consumer Bankruptcy Rights Center Welcomes James J. Haller as New Executive Director
[May 11, 2023] – 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 protecting 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 by the law.
For more information, please visit NCBRC.org.
Media Contact:
Henry Sommer
NCBRC President
henry@henrysommer.com
215-515-3814
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.
Haven Act Guide
The Honoring American Veterans in Extreme Need Act of 2019 (“HAVEN Act”) excludes certain benefits paid to veterans or their family members from the definition of current monthly income (“CMI”) found in the Bankruptcy Code. The HAVEN Act amends § 101(10A) of the Bankruptcy Code and supplements the 2005 amendments to the Code that excluded other government benefits, such as social security income.
This Guide provides an overview of the HAVEN Act, identifies benefits that are excluded, and answers frequently asked questions.
Case Bites: Interesting Issues and Decisions from This Week’s Cases
Issues discussed in the cases below:
- In a Chapter 20 cramdown of a junior lien, can the junior lienholder file an unsecured claim for the amount of the voided lien? (9th Cir. BAP)
- Can an heir to real estate cram down a reverse mortgage in chapter 13? (Bankr. S.D.Miss.)
- Does a non-filing ex-spouse have to ask the bankruptcy court for permission to modify a domestic support order in the divorce case? (Bankr. N.D.IL.)
- Is the confirmation of a Chapter 13 plan res judicata on the amount of mortgage arrears? (Bankr. W.D.PA.)
- Can a bankruptcy abstain from reopening a bankruptcy when the Debtors have been litigating dischargeability in state court? (Bankr. N.D.GA.)
- Is surrender of secured collateral post-confirmation per se bad faith to justify denial of the plan amendment? (Bankr. E.D.WI.)
To read more click here.
Case Bites: Interesting Issues and Decisions from This Week’s Cases
- In an adversary discharge proceeding, can the bankruptcy court treat a motion for summary judgment (that asserts a new affirmative defense) as a motion to amend an answer? (Bankr. S.D.N.Y.)
- Can a chapter 7 trustee be awarded attorney’s fees incurred in defense of the trustee’s fee application? (Bankr. D.Colo.)
- Does a bankruptcy court have the authority to extend the time to file a dischargeability complaint on a motion filed after the deadline? (Bankr. N.D.Ga.)
- Does a pre-petition default judgment operate as collateral estoppel in a non-dischargeability complaint for fraud in bankruptcy? (Bankr. E.D.Mich.)
- Post-filing, can a mortgage company postpone scheduled nonjudicial foreclosure sales (rather than dismiss the action) without violating the automatic stay? (Bankr. D.Ut.)
To read the case outlines and opinions click here
Case Bites – Interesting Bites from This Week’s Cases
Case Bites issues:
- If service of an adversary complaint is not completed until 21 days after the Clerk issues the summons, and no response is filed, can a Court sua sponte deny a request for entry of default judgment for improper service?
- Can a chapter 13 Trustee avoid the claim of a creditor who did not perfect its security interest until after a chapter 13 is filed?
- Are negative procedural rulings against a party grounds to recuse the bankruptcy judge for bias?
- What is the standard to challenge a trustee’s decision to settle litigation?
- Can a motion for sanctions under Rule 11 be dismissed as untimely if filed after final adjudication of the offending pleading or motion?
To read more click here.
Alaska, Georgia and Louisiana Top CFPB’s List for Consumer Complaint Filings
In its monthly complaint report, the CFPB reported that the top three financial products or services receiving complaints in December, 2016, were, in descending order, debt collection, credit-reporting, and mortgages. Mortgage servicers garnered complaints for such things as misapplication of payments and ineffective resolution of borrowers’ problems with their loans. To account for monthly and seasonal fluctuations, the report compares complaints against companies in three-month segments to the same period the prior year. Equifax, Wells Fargo and TransUnion had the dubious honor of being the top three complained–about companies in the period from August to October, 2016. With respect to complaints relating to types of loans, the three-month average for complaints concerning student loans rose by 109% over the same period last year. The three states with the greatest increase in consumer complaints were Alaska, Georgia and Louisiana.
NCBRC’s Year in Review
Financially distressed debtors seeking the fresh start offered by bankruptcy, often lack the resources to pursue important issues at the appellate level. To equalize the playing field between consumer debtors and their creditors, the NACBA Board created the National Consumer Bankruptcy Rights Center (NCBRC or “Nicbric”), a 501(c)(3) organization. Since its inception in 2010, NCBRC has provided support to consumer bankruptcy debtors and their attorneys in cases of national importance. NCBRC fulfills its mission through three programs. Under the Amicus Program, NCBRC has filed briefs in cases addressing such vital issues as the invidious practice of debt collectors filing stale claims and the misapplication of judicial estoppel by the courts. In its Pro Bono Appellate Program, NCBRC has worked with attorneys from leading bankruptcy firms around the country who have donated over 300 hours to the amicus project. Finally, NCBRC’s Educational Program is devoted to supporting the bankruptcy bar by providing education on current issues in consumer bankruptcy. To this end, NCBRC’s Project Director, Tara Twomey, is an active participant in in-person and online training programs.
To learn more about NCBRC in general and to read about specific cases in which NCBRC filed amicus briefs in 2016, go to NCBRC Year in Review 2016.
To continue this great work we need your help. Consider contributing today by clicking here.
Federal Banking Agencies Fine ServiceLink Holdings $65 Million
A news release issued by the Department of the Treasury announced a $65 million fine against ServiceLink Holdings, formerly Lender Processing Services (LPS), for servicing deficiencies by LPS relating to its foreclosure services. The news release can be found here.