On March 5, 2021, the North Carolina Bar Foundation, in conjunction with the North Carolina Bar Association, will be hosting the 4ALL Statewide Service Day. This pro bono program, held virtually this year, connects volunteer attorneys with members of the public to provide free legal answers, information, and resources to callers all over the state!
Help the NCBF by spreading awareness of the 2021 4ALL event to potential volunteers and callers! Below, you will find the social media toolkit for the event. The toolkit provides call-in information for eight different regions in North Carolina as well as downloadable graphics promoting 4ALL. Please utilize the toolkit to share volunteer recruitment and regional call-in information on your social media pages.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Bankruptcyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngBankruptcy2021-02-03 10:19:382021-02-03 10:19:372021 4ALL Statewide Service Day: Utilize This Social Media Toolkit to Spread Awareness to Potential Volunteers and Callers
On January 14, 2021, the Supreme Court of the United States handed down its opinion in City of Chicago, Illinois v. Fulton, where the Court addressed a single issue: whether an entity in mere possession of property in which a bankruptcy estate has an interest has an affirmative obligation under the Bankruptcy Code’s automatic stay, 11 U.S.C § 362, to return that property to the debtor or trustee immediately upon the filing of the bankruptcy petition.
Background
The case arose from four separate chapter 13 bankruptcy cases in which the debtors sought to regain possession of their vehicles from the City of Chicago, Illinois (“City”), which had seized and impounded the vehicles prepetition due to unpaid parking tickets and similar traffic fines. The bankruptcy court held in each case that, by refusing to return possession of the vehicles to the chapter 13 debtors upon post-petition request, the City had “exercised control” over property of the estate in violation of 11 U.S.C. § 362(a)(3). The bankruptcy court ordered the City to return the debtors’ vehicles and imposed sanctions for the City’s violation of the automatic stay. The cases were consolidated and certified for direct appeal to the U.S. Court of Appeals for the Seventh Circuit. The Seventh Circuit affirmed the bankruptcy court, relying on its prior holding in Thompson v. General Motors Acceptance Corp., that a creditor must return a debtor’s vehicle upon the filing of a petition for bankruptcy to comply with the automatic stay.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Bankruptcyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngBankruptcy2021-01-26 15:27:392021-01-26 15:27:39Mere Retention of Property of the Estate Does Not Violate Section 362(a)(3)
Is there a member of your firm or a fellow attorney who should be recognized for his or her pro bono service this year? Have you participated in pro bono projects throughout the year? If so, please consider submitting a nomination for the 2020 Bankruptcy Pro Bono Award!
The Pro Bono Committee for the Bankruptcy Law Section is now seeking nominations for the 2020 Pro Bono Award to be presented at the Section’s upcoming annual meeting. The outstanding individual achievement award will be given to at least one Bankruptcy Section member who has actively participated in pro bono activities during 2020. All nominations must be submitted by Thursday, Dec. 31, 2020. Please see the nomination form for more information. Self- and third-party nominations will be accepted. We look forward to honoring this year’s award winner!
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Bankruptcyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngBankruptcy2020-12-03 11:29:082020-12-03 11:52:21Seeking Nominations for the 2020 Bankruptcy Pro Bono Award
The following pro bono projects are available for our Bankruptcy Section members. Just one hour of your time will make the difference with these projects.
NC LEAP – Volunteer Attorneys Needed
NC LEAP provides legal advice and information to low-wealth entrepreneurs. Applicants submit their latest income tax return and a business plan, are screened for eligibility, and then are matched with a volunteer attorney. NC LEAP volunteer attorneys are presently providing assistance to entrepreneurs and small business owners through two ways:
Webinars that feature a presentation by a lawyer on a legal topic of current interest and relevance to entrepreneurs and small business owners, with opportunities for participants to ask general questions of the presenters; and
Virtual “ask-a-lawyer” sessions that pair individual entrepreneurs and small business owners with lawyers for 45-minute advising sessions to address legal questions and concerns and provide legal information and resources.
Don’t miss the 2020 North Carolina Bankruptcy Institute on December 10, 2020! The Institute will be broadcast via live webinar format only, in light of COVID-19 restrictions.
This year’s institute offers 7.25 total hours of CLE credit, including 1 ethics hour and 2 technology hours.
Sessions will include:
• Best Practices for Managing Debtor Cases from Beginning to End
• Healthcare Bankruptcies
• Subchapter V Update
• Ethics and Technology
• Litigation Skills: Deposing and Cross-Examining Expert Witnesses
• Ramifications of the CARES Act on Business and Consumer Debtors
• Receivership Statute Update
• Technology: Effective Presentation Remotely
In addition, during the lunch break, participants will have the option of attending a presentation via Zoom by Judge Beyer, Judge Humrickhouse, and Judge James on their perspectives of the current state of bankruptcy proceedings in North Carolina.
Registration is live, and can be accessed here. Sign up now to take advantage of the $225 early bird rate for Bankruptcy Section members.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Bankruptcyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngBankruptcy2020-11-03 11:09:122020-11-03 11:09:12Register Now for the 43rd Annual Bankruptcy Institute
The event may be virtual, but the pumpkins (and libations) will be real. Join the Bankruptcy Section for a virtual pumpkin carving event — a pumpkin carving happy hour! This event is BYOPKLR (Bring Your Own Pumpkin, Knife, and Liquid Refreshments).
This pumpkin carving happy hour will be held via Zoom on Thursday, October 29, at 7 p.m. RSVP now at the NCBA Membership Event page.
If you have any questions, contact Julianne Dambro at [email protected].
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Bankruptcyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngBankruptcy2020-10-26 10:03:392020-10-26 10:03:39Join the Bankruptcy Section for a Virtual Pumpkin Carving Event!
What You Need to Know About the New Community Platform
This year, the NCBA has switched to a new online community platform. This new community platform for Sections, Divisions and Councils offers many more features than the previous system. Below is a summary of the basics and what you need to know to utilize this platform and its features.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Bankruptcyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngBankruptcy2020-09-28 00:19:142022-10-25 13:26:02Ketan Soni Presents "The New Community Platform"
I am excited to have the privilege of serving as Chair of the Bankruptcy Section during this new North Carolina Bar Association year. A second-generation member of this Section, I have long admired the contributions this Section has made to the practice of bankruptcy law in this state. Many of you have served as role models for me, teaching me strong client advocacy and complex problem solving, while practicing the highest standards of integrity and collegiality. We will continue to promote these high standards among our Section this year.
These are challenging times we face. The Section will have to do things differently this year. But your Section council and committee chairs are ready for these challenges. We already are discussing ways the Section can meet your needs and elevate the profession.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Bankruptcyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngBankruptcy2020-08-18 15:13:112020-08-18 15:40:56A Letter from the Chair
This article has been republished with permission from Waldrep LLP.
It is July of 2020, and domestic and international news cycles are full of stories of global pandemic, record unemployment, and an uncertain path towards international economic recovery. In light of the extraordinary circumstances being reported, it is important to remember that, in more mundane (or even strong) economic conditions, businesses and individuals have always found it necessary to avail themselves of bankruptcy protections.
Externalities, such as poor market conditions and pandemics, often serve to exacerbate existing financial issues. In fact, this May, clothing retailers J.Crew, Neiman Marcus, and J.C. Penney all filed petitions for Chapter 11 Reorganization, after years of struggling sales coupled with recent store closures, the result of the COVID-19 pandemic. Several other notable retailers have followed suit. However, internal issues, absent such externalities, are typically the primary drivers of business bankruptcies. A business may suffer from inflexible management or adhere to strategies that prove unsuccessful—the familiar names of department stores and other brick-and-mortar retail giants have graced the news with bankruptcies throughout the past decade. A business may struggle with cash flow, have its access to financing cut off, or may be overburdened with uneconomical contracts. Assets that could be liquidated to increase cash flow may be encumbered by liens, making those assets unattractive to buyers.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Bankruptcyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngBankruptcy2020-07-31 11:10:032020-08-12 17:36:00Help! Should My Business File for Bankruptcy Protection?
E-filing has improved the lives of lawyers everywhere. Traveling when that brief is due? You can file from the vacation house. Still fine-tuning after business hours? The court is always open! CM/ECF has been crucial for the expeditious filing of petitions and pleadings and for reducing paper record requirements for the federal courts. It has been good news for bankruptcy judges, too—they no longer accept petitions delivered to them at home, as multiple judges would do for chapter 11 emergency filings!
CM/ECF is upgrading to NextGen CM/ECF in federal courts across the country. As of October 2019, the bankruptcy courts in the Eastern and Western Districts of North Carolina have deployed NextGen CM/ECF. The Middle District of North Carolina has a projected go-live date in late spring or early summer 2020.
For external users, the only noticeable NextGen CM/ECF change may relate to “Central Sign-On,” a new feature that allows attorneys to maintain one filing account across all NextGen courts (appellate, district, and bankruptcy) and through all job transitions.
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By Shelley Abel and Sarah Scholz