President’s Report
“
As DC continues
to be a standstill,
NACBA remains
well positioned
to leverage any
opportunity.
Make no mistake
about it, we
continue to call
on and meet
with Members
of the House
and Senate,
Treasury, Justice,
Education and
the White House.
The results of the
2016 Presidential
election will
determine what
new policies
or initiatives
will impact the
practice of
bankruptcy law.
6
CONSUMER BANKRUPTCY JOURNAL
based inquiries into the allocation
of resources, which in turn led to
inconsistent results among courts
throughout the circuit.
On October 14, 2015, the Ninth
Circuit overturned Sternberg in
its en banc decision in America’s
Servicing Company v. SchwartzTallard, and restored the balance
needed
to
ensure
proper
enforcement of the automatic stay.
NACBA filed an amicus brief in
Schwartz-Tallard urging the court
to reconsider its previous Sternberg
decision and arguing that the
Sternberg panel’s holding was at
odds with the plain text of section
362(k), undermined the statutory
purpose of the automatic stay,
generated unnecessary confusion
in an area that demands uniformity,
and was unworkable in practice.
NACBA also participated in oral
argument and urged the court to
overturn the Sternberg decision.
NACBA is pleased that the en
banc panel, which cited NACBA’s
brief, agreed that Sternberg was
incorrectly decided. In affirming
the Bankruptcy Appellate Panel’s
decision in Schwartz-Tallard, the
Ninth Circuit correctly held that
the section 362(k) “authorizes an
award of attorney’s fees reasonably
incurred in debtor’s prosecution of a
suit for damages to provide redress
for a violation of the automatic
bankruptcy stay.” Debtors in the
Ninth Circuit will again be able to
protect their right to a breathing
spell from creditors’ collection
activities following the filing of a
Winter 2015
bankruptcy petition.
In closing, you may have noticed
that NACBA released several new
technology
initiatives
to
further
engage and showcase members.
These initiatives include a new website,
a new search engine optimized Find an
Attorney platform, a new partnership
with Google for a NACBA Navigator /
Member Map and an interactive Voter
Voice mechanism to directly contact
elected officials (very effective in
CA SB 308 efforts). Additionally,
NACBA continues
to
enhance
Membership benefits by offering more
return for your membership investment.
Opportunities to save on your Verizon
Wireless bill or your expenses with
Staples or Best Buy, travel discounts
through Expedia and perhaps even
more appropriate, the chance for
discounted
insurance
coverage
(Health, Liability and Identity Theft) are
all available as part of your NACBA
Membership. Your membership
dues are invested in you. We strive
to provide the highest quality benefits
and services possible. In many cases,
participation in just one of these benefit
programs will recoup your annual
membership fee. We understand and
appreciate the value of your dollars
spent on membership and work hard to
provide you the best service, products
and programs.
Thank you for your continued
membership in NACBA. I look forward
to seeing each and every one of you in
San Francisco and Miami in 2016!
National Association of Consumer Bankruptcy Attorneys