Members Only Workshop ~ Hyatt Regency  

New Orleans, LA ~ October 24-26, 2013

Registration Information

• Registration is open to current NACBA Members and their support staff.

• Early Bird discount ends at 5:00 p.m. PST on Friday, September 6th, 2013.

• Support staff may attend without member attorney if employed by member firm.

• Registration of support staff by mail or fax only.

• Registration of multiple firm attendees by mail or fax only.

• Registration fee includes: breakfast, lunch, Friday night Reception, printed materials for one pre-selected Track, and a flash drive containing materials for all Tracks.

• Workshop registrants DO NOT need to purchase a meal ticket. Meals tickets for guests of Workshop attendees are available for $100.

• You may attend any session in any of the three concurrent tracks. When you register, you will be asked to identify the one Track that you plan to attend and for which you will receive written materials. You may attend any session from any Track that you wish, however, and will be able to pre-purchase the written materials for the other two tracks when you register.  If you own an iPad, iPhone or any tablet using the Droid operating system, you will be able to download an app that will allow you to access the materials and take notes during the sessions.

•  For a Brochure and Schedule, Click Here

Received Extra Income After Filing Chapter 7

What happens if I receive extra income after filing a Chapter 7 bankruptcy?

Well, as in most things concerning bankruptcy, there is not a clear cut answer.

In a Chapter 7, most assets of the case are viewed as a snap shot.  The debtor must list all assets as of the date of filing the Chapter 7 petition with the Clerk of the Bankruptcy Court.  If the debtor was entitled to an income stream prior to the filing, then this right would probably be property of the bankruptcy estate, and must be listed regardless of whether or not it was received.  In fact, if you simply have the realistic expectation of your income changing after filing, it should be disclosed to the Court.  However, as long as the income stream was not foreseen until after filing, it would not be an asset. 

Of course, this has exceptions. Most notably, the receipt of an inheritance. In that case, we would have to look at the right to receive an inheritance up to 6 months after filing.

As you might imagine, the Court also does not look kindly upon fraud and bad faith. For example, lets say Mom, that just won the lottery, wanted her daughter to benefit from it, so pre-petition they arranged to sign a lease post-petition for a room in a modest house for $10K per month. I think this is obviously a filing in bad faith. This filing was probably designed to keep creditors from receiving funds, and the debtor had at least the expectation of having the ability to pay a substantial portion of debt owed to creditors.

Chapter 13 Payment Missing: Maybe It was HOT Mail

I recently received an email from a bankruptcy attorney in Jacksonville, indicating he received an email with an attached letter. The letter purported to be from the United States Postal Service, and was advising the recipient that a mail truck carrying letter bound for Tennessee had crashed and burned. That is, all the mail in the truck was burned.

A few things, right off the back, struck me as strange. The letter was sent to the address of the recipient of the supposed burned mail. How would the post office know what address the burned mail was bound for?

Anyway, if you recently mailed a payment to the Chapter 13 Trustee, with a delivery address of Memphis, TN, and it did not arrive, you may want to check out the story of the mail truck.

And, I know what you are thinking. Sure, a mail truck burned! Like, really. Well, that was my reaction too. So, to be able to tell you this was a joke, I went to Google and did a brief search. What do you know...there actually was a fire involving a crash between a dump truck and a mail truck. The only thing that did not match up was the date. The crash was March 21, 2013, whereas the letter indicated the crash was May 7. If you would like to see the article, just click ---> Click Here

If the link does not work, you can copy and paste this link:

http://usnews.nbcnews.com/_news/2013/03/21/17402238-mail-on-fire-after-postal-service-18-wheeler-crashes-along-florida-interstate?lite

Student Loan Debt Media Inquiry

I recently received an email from the National Association of Consumer 

Bankruptcy Attorneys (NACBA), of which I am a member, asking for a 

response to their inquiry, as to clients with unmanageable student loan debt. More specifically, they are looking for students who are

1.  Relatively recent graduates;

2.  Unable to find jobs; and

3.  On the brink of bankruptcy because of their student loan debt. 

Their request is in response to a media request from a major national news outlet.

The NACBA is an advocate of student loan reform in the bankruptcy code. Currently, the bankruptcy code does not allow for the discharge of student loans.

If the above description describes you, and you are willing to share your story, please give me a call at 904-652-0060. The media deadline is April 3, 2013.

Identity Theft: Part 3, Create an Identity Theft Report

This is Part 3 in a short series on Identity Theft

I know what you are thinking. You are thinking, an Identity Theft Report, I thought that's what I just did. Well, there is a little more to it. The report I am referring to here is one that will assist you in dealing with the company that improperly opened an account in your name. This could include any number of credit reporting companies, businesses, and debt collectors.

You should find this report useful when working with companies to get fraudulent information removed from your credit report and prevent the company from initiating or continuing debt collection efforts. It will help you place an extended fraud alert on your credit reports, and assist you in getting information from companies about your improperly opened and improperly used accounts.

So, how do you create this report? :Like most things, the steps are relatively simple, but they will take up some of you time. First, you should submit a report to the Federal Trade Commission. Print a copy of the report for your safe keeping, and it will be referred to as the Identity Theft Affidavit. Secondly, with your Identity Theft Affidavit in hand, contact the police and file out a police report. Again, keep a copy of the police report and report number. These 2 documents make up your Identity Theft Report.

So, how do you get hold of the FTC. My first suggestion is to look online, and see if there is a process for completing these steps on their web site. The internet is rapidly changing, and this seems to be the way of the future.

If looking online does not work, you can call them at

1-877-438-4338

1-866-653-4261 (TTY)

Simply follow the directions of the person on the phone (which will probably be to go to the internet). Submit the information, and save the complaint reference number.

Of course, as always, update your files as to when you filed the complaint, and make sure to keep a copy of everything, including the affidavit.

From time to time you may find you will need to update your file. How do you do this? Well, call the number above. Make sure you have your reference number ready.

OK, so that's the FTC side of this. Now, lets move forward with the filing of the Police Report. Again, you can give them a call and find out if you should go down to the police station, or if they will send an officer to you. When you tell them why you are calling, they will give you the proper steps to take. They will probably want to see a government issued ID with a photo, some form of proof of the theft, a copy of the FTC documents you just completed above, and some proof of your address (like a utility bill).

And of course, UPDATE UPDATE UPDATE your records.

Identity Theft: Part 2, Order Credit Report

This is Part 2 in a short series on Identity Theft.

Part 2. Order Your Credit Report

That's right. Order your credit report. Why?

Now that you’ve placed an initial fraud alert (see Part 1), you’re entitled to a free credit report from each of the three credit reporting companies. The credit reporting company you call will explain your rights and how you can get a free copy of your credit report. Order the report and ask the company to show only the last four digits of your Social Security number on your report.

If you know which of your accounts have been tampered with, contact the related businesses. Talk to someone in the fraud department, and follow up in writing. Send your letters by certified mail; return receipt requested; doing so creates a record of when they received your communication.

When you review the credit reports, you may find unauthorized charges or accounts. You will need to learn how to review your credit report and dispute errors. Later I will post a short article on disputing errors, and post a link here to that page.

Order a Credit Report for FREE.


1. Contact each of the credit reporting agencies and order a credit report.
          Equifax 1-800-525-6285,
          Experian 1-888-397-3742
          TransUnion 1-800-680-7289


     When calling each of the above, explain you have already filed an “initial fraud alert”.

     Order a free copy of your credit report.

      Request the company only show the last 4 digits of your social security number on your report.

2. Record the dates you placed the calls and letters sent and received.
    Keep a copy of all letters sent and received.

Identity Theft: Part 1, Place Fraud Alert

What should you do if you have had you ID stolen? The following is Part 1 of a multi-part series on what you should do regarding ID theft.

PART 1. Place a Fraud Alert.

There are three national credit reporting companies keeping records of your credit history. If someone has misused your personal or financial information, call one (1) of the companies and ask for an initial fraud alert be placed on your credit report. The fraud alert is FREE. The credit reporting company will ask you to provide proof of your identity. This you must do. After reporting to the company you choose to call, that company must tell the other companies about your alert.

An initial fraud alert can make it harder for an identity thief to open more accounts in your name. When you have an alert on your report, a business must verify your identity before it issues credit, so it may try to contact you. The initial fraud alert stays on your report for at least 90 days, and you can renew it after the 90 days has passed. It also allows you to order one free copy of your credit report from each of the three credit reporting companies, even if you have received a free copy within the passed 12 months. Be sure the credit reporting companies have your current contact information so they can get in touch with you.

So, how do you do this?

Lets take it step by step.

1. CONTACT one (1) credit reporting company.
   Equifax 1-800-525-6285,
   Experian 1-888-397-3742
   TransUnion 1-800-680-7289

           Report you are an identiy theft victim.

           Ask the company to put a fraud alert on your credit line.

           Confirm that the company you call will contact the other 2 companies.

2. Update your files. Order a free credit report. The company you speak with will explain to you how you can do this. They should also explain to you some rights you have.
3. Mark you calendar. The fraud alert is good for 90 days. You can renew it.
4. Record the dates you made calls or sent letters.
5. Keep a copy of ALL letters you send out.