Washington, Rules & NCBRC

Here’s what I would have blogged for the second session on Friday’s NACBA Convention.

It seems that the enthusiasm for the “live blogging” effort crashed our server.  We’re now up, at least for the moment, and for non live blogging.

Jon Yarowsky NACBA lobbyist. Two branches of government now involved in politics. Everything in DC has been put off til after election.

Nothing will be done before election: everything put off til lame duck session. What can be done?

Not much. Congress has awakened to horrible approval level.

Couple of issues that will get through: housing and student loans.

NACBA’s principal pay down plan would be enormously helpful. Student loans has gotten attention, especially as regards interest rate on student. Jon thinks interest rate will be resolved before June.

Only few issues get attention in DC and we’ve succeeded on those issues. We are laying ground work for those issues. Takes a long time to build infrastructure for change.

NACBA is projecting influence very effectively. NACBA’s advice now being sought out in DC.

NACBA is at the frontline of legislative change. Important to work these issues at home, in our districts and practices.

Maureen Thompson:  Hastings advocacy group. We need to continue to work even though no legislation will be passed before election.

Practitioners see important issues before others do. AG settlement contains bankruptcy specific provisions. More later in session.

Harder to pass legislation than to resist or defeat legislation. Requires more sustained effort.

Involvement of members at grass roots is important.

Adding new media to our list of weapons. Media attention to student loan issue reinforces efforts to get legislation passed.

Adding advocacy component to media component.

Ike Schulman: ability of NACBA to weigh in on HAMP regulations and to affect AG settlement. John Rao and Norma were added to groups working on HAMP, and headed off attempts to treat bankruptcy debtors worse than other troubled homeowners.

To forward our legislative agenda, we need grassroots support and efforts.

John Rao  proposed changes to rules:

Major irritation is the cover form for the financial management course. If case is closed without discharge, the office of courts insist on new filing fee to reopen the case to get discharge.

No requirement to file Form 23 after Dec. unless the certificate hasn’t been filed by the providers.

Rule 1007 changed to conform.

Rule 3007. Committee trying to deal with negative notice for objections to claims. Federal rules don’t have negative notice provisions. Rule will be further considered.

9006 page 132 of materials. Responses to motions. When do you have to file a response. Now must be filed one day before hearing.

Page 136, issues v. Schwab v. Reilly. No good news on the issue of how to claim the entire value exempt rather than a dollar amount. Page 136 new column added to official form to claim full value. That was proposal that went out for comment. Now withdrawn and there will be no change to Schedule C.

Form 7 changed definition of insider.

B-22 telecommunication expenses: internet is part of housing expense. Adding some place to indicate Lanning.

Dec 1 change: revolving charge accounts and how creditor files a claim for such. Now must file a summary instead of the original account; summary is very specific claim.

You can request the original writing which must be provided within 30 days. Failure subject to sanctions in the rules.

Summary judgments: must be filed within 30 days of commencement of evidentiary hearing.

Henry Sommer. Nick Brick: National Consumer Rights Center Foundation to be available to take tax free deductions. Listed cases in which amicus briefs were filed.

Pending a number of cases on important issues.

Tara Twomey

Soliciting money for amicus brief efforts. Effort has made a difference for all of us.

That takes us to 10:30 4/27/2012



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