The Bankruptcy Lawyers Blog

The New Orleans NACBA Conference was a resounding success--professionally and socially. Photographs of both are posted on the Start Fresh Today website.

Last year's changes to the bankruptcy law provided fertile ground for panel discussions, including the Means Test (moderated by Henry Somer), Chapter 13 issues (moderated by Ike Shulman)and U.S. Trustee Trends re the 707(b) "totality of circumstances" review.

In addition to the hundreds of consumer bankruptcy attorney participants, Judges, Trustees, and even the stray creditor's attorney shared insights.

The Katrina Impact bus tour raised $2800 for the Pro Bono Project and also netted the project a dozen new volunteers. Special thanks to those who offered to contribute pro bono services:

Richard A. Scholes
Martin A. Berger
Bruce Kaufmann
Lee Perlman
Bruce C. Barry
Stacy Clinton
Peter A. Orville
Alexander B. Wathen
John F. Sommerstein
Nina M. Parker
Henry Sefcovic
Mark Goldman
Candy Marshall

In addition, we had the opportunity to give the local economy a boost, and local businesses made it clear that they were happy and grateful to have our business at this tough time. It was great to be able to make a difference in so many different ways while enriching our own professional practices.

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The NACBA conference in New Orleans is well under way, with sunny weather, about 1100 participants, and many more exhibitors, staff, and other attendees.

The Start Fresh Today seminars on Thursday evening were a great success, with nearly 100 attorneys attending the three sessions. The Katrina Impact Bus Tour to benefit the Pro Bono Project is scheduled for 3:30 p.m. today, at the conclusion of conference activities. Please don't forget to make a donation to this worthwhile effort.

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Start Fresh Today will offer three free demonstrations at the New Orleans NACBA Conference on Thursday, May 20. Bankruptcy attorneys interested in learning how to use StartFreshToday.com as a "one-stop-shop" for all BAPCPA needs can register for one of the three sessions, which will take place at 6:00, 7:00 and 8:00 p.m. in the Galleria of the Marriott Hotel.

Each attendee will receive a free ticket for the Katrina Impact Bus Tour on Saturday afternoon. All proceeds from the bus tour will benefit the Pro Bono Project. Please consider a generous donation to help the victims of this terrible disaster and to support our New Orleans colleagues who are striving to meet the needs of those most impacted even while rebuilding their own lives and legal practices.

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The National Association of Consumer Bankruptcy Attorneys (NACBA) is offering a free workshop to victims survivors of Hurricane Katrina. Many hurricane survivors find themselves beleaguered by financial problems in the wake of property losses, emergency expenses, and interruption of employment.

The event, which will take place in the Grand Ballroom of the New Orleans Marriott Hotel (555 Canal Street) at 3:30 p.m. on May 20, will offer free information about the victims' rights and options.

Participants will then be invited to a screening of Maxed Out, the credit crisis documentary recently featured at the Sundance Film Festival.

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The National Association of Consumer Bankruptcy Attorneys (NACBA) and the Connecticut Bar Association (CBA) filed suit in federal court today challenging provisions of the bankruptcy statute that took effect in October, 2005.

NACBA and CBA assert that the "debt relief agency" provisions of the new law prohibit attorneys from providing certain legal advice and require statements that are untrue or may be misleading to clients and potential clients.

According to CBA President Louis R. Pepe, the requirements, if applied to attorneys, prevent them from carrying out their ethical obligations to clients, since they cannot lawfully provide complete and truthful advice.

NACBA President Henry J. Sommer says that the concerns are so great that some attorneys are choosing not to represent any consumer bankruptcy clients, even on a pro bono basis, for fear of being classified as a debt relief agency under the law.

The lawsuit seeks a preliminary injunction prohibiting the provisions from being applied to attorneys pending further order of the court. No hearing date has yet been set, but we'll all be watching for further developments.

You can read the complaint and additional information at www.nacba.org.

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Start Fresh Today Instructional's Debtor Education Course has been approved by the U.S. Trustee's office.

The two-hour interactive course satisfies the Debtor Education requirement that provides the "ticket out" of bankruptcy for debtors. The course can be purchased at www.startfreshtodayinstructional.com.

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