| Bar Bulletin |
April,
2003 |
| MSBA News |
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MSBA Creates Consumer Bankruptcy
Committee to Address Special Needs of Practitioners
By Janet Stidman Eveleth
Bankruptcy filings
are at an all-time high, and, in today’s sluggish economy, new cases are
flooding the docket of the U.S. Bankruptcy Court for the District of
Maryland every day. In 2002, bankruptcy filings spiked to 35,334 in
Maryland. Over 90 percent of these bankruptcy cases are consumer filings,
so the need for consumer bankruptcy attorneys is also at an all time high.
Consumer bankruptcies differ from those involving business bankruptcies,
hence, the needs of consumer bankruptcy attorneys differ from those who
handle corporate bankruptcies.
To cater to the
special needs of this segment of Maryland’s Bar, the Maryland State Bar
Association has created a new Consumer Bankruptcy Committee (CBC). This
MSBA resource will focus on specific consumer bankruptcy law issues and
function as the voice for consumer bankruptcy attorneys in Maryland. CBC,
led by Alan Belsky, will address federal and local legislative issues,
disseminate information on new case laws and procedures, present
educational programming and serve the interests of the roughly 300
Maryland attorneys whose practices include consumer bankruptcies.
Traditionally, the
state’s Bankruptcy Bar Association for the District of Maryland, which
represents the interests of Maryland bankruptcy attorneys, has focused on
the needs of corporate and large firm practitioners. However, with the
dramatic rise in consumer bankruptcies there is a growing need for a
resource to support consumer practitioners. Therefore, Belsky and others
worked with MSBA to form CBC to address the specific issues facing
consumer bankruptcy attorneys.
“We wanted this
Committee under MSBA’s umbrella because it is a significant resource and
will give our members stability and tremendous support,” states Mark
Scurti, one of the founding members.
“I’m delighted that
MSBA can be responsive and of service to another segment of the Bar, in
this case, one that concentrates its practice on consumer bankruptcy,”
adds MSBA Executive Director Paul Carlin. “Since over 90 percent of all
bankruptcies are of this type, I’m surprised that this Committee wasn’t
created earlier.”
One of the new
Committee’s priorities is bankruptcy legislation. “Federal legislation
still looms in Congress,” declares Belsky, “and if and when it passes, it
has major implications for practitioners who will sustain quite an impact
from this new law.” CBC will monitor this legislation, disseminate
information, update practitioners on its impact, present a series of
educational programs on changes in the law and focus on the ramifications
for clients and law practices. In addition, Belsky wants the Committee to
have “more of a say in legislative affairs at the local, state and federal
level, voicing views on proposed laws, procedures and reforms.”
As CBC represents a
broad range of members, views and interests, Belsky sees it functioning
“as a forum to improve and share notes of practice regarding bankruptcy
judge rulings and cases.” The Committee will also give members the
opportunity to share lawyer experiences and open lines of communication
for all consumer practitioners. A listserv is planned to help accomplish
this and keep members informed.
“CBC will also help
practitioners establish a good relationship with the judges on the
Bankruptcy Court,” adds Scurti. “This new resource will disseminate
information to benefit practitioners, allow them to exchange ideas and
help them with everything from forms and motions to procedures and new
case laws.” Scurti also sees it functioning as a sounding board for new
consumer bankruptcy cases. CLE, in conjunction with MICPEL, is also high
on its list of priorities.
Belsky believes
MSBA’s CBC will “bridge the gap and unite practitioners in the state’s two
major geographic U.S. District regions. This should bring consumer
practitioners together and give us a more cohesive approach.” CBC’s Chair
is enthusiastic about this new opportunity for consumer practitioners. “It
will allow us to freely exchange experiences on judges, legal issues and
code issues and to learn about changes in statutes and case law,” he says.
“Practitioners need
to keep up-to-date on laws to enable them to serve clients and effectively
manage their practices,” he continues. E-filing is now required in federal
court, and CBC will help attorneys understand this new process. Down the
road, it also plans to launch a link to MSBA’s website to share
information and help consumers and attorneys on matters related to
consumer bankruptcies.
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