MSBA.org - Consumer Bankruptcy Section

The meeting was held at the request of Chief Judge Schneider to begin a dialogue between the Bankruptcy Bench and the Consumer Bankruptcy Section of the Maryland State Bar Association regarding issues of mutual concern. The Judges and the Clerk of Court welcomed the establishment of an organized consumer bar group and encouraged communication between Bench and Bar. The Judges expressed the desire to work with the Section to improve the quality of the practice of bankruptcy law and to enhance the ability of the Court to render justice.

Among the topics discussed were awards of compensation to Chapter 13 debtors’ counsel; ways to encourage counsel to represent Chapter 13 debtors from start to finish of the case; continuing legal education programs sponsored by the Consumer Bankruptcy Section; encouraging the Bar to take pro bono cases; the mutual disapproval of bankruptcy petition preparers; ways to improve the quality of the legal representation of debtors; and common problems and frustrations shared by the Court and the Bar.

Chief Judge Schneider furnished copies of a letter he originally sent to John Burns, Esquire in October, 2002, requesting suggestions regarding ways to establish the levels of compensation in Chapter 13 cases. Mr. Belsky was aware of the letter and advised the Judges and the Clerk that the Bar will conduct empirical studies of cases in Maryland and around the country regarding levels of compensation and the types of services rendered.

The Section has received permission from the Clerk to use facilities in the Greenbelt Courthouse to conduct programs and meetings. Chief Judge Schneider offered the Consumer Bankruptcy Section the use of his courtroom and the Clerk’s training room for the scheduling of programs by the Bar in the Garmatz Courthouse. He also invited the lawyers to use the Clerk’s conference room and the video conferencing equipment to conduct Section meetings between Baltimore and Greenbelt.

Messrs. Belsky and Scurti advised the Judges and Clerk of various programs that are now being undertaken by the Consumer Section, including dinner meetings (the next of which is scheduled at the Tidewater Inn in Easton on Tuesday evening, February 15, 2005, to which he invited the Judges); MICPEL programs; a Section website (part of the Maryland State Bar Association’s website); a telephone “hotline” conducted by a four-member panel to take calls from members with legal problems; and a list serve program supplying a forum for Section members to pose questions and supply answers to practical issues. The Section hopes to produce a video presentation to acquaint pro se debtors with the perils of self-representation and to educate and encourage those who qualify for pro bono representation where and how to apply for it. Mr. Belsky said that the Section and the Bankruptcy Bar Association are working together on consumer programs for the Spring Break Weekend in Annapolis this May. Mr. Sammons stated that he would cooperate with the Section in scheduling a refresher program for the Bar on the use of CM/ECF (Electronic Case Filing/Case Management).

Mr. Sammons stated that a link to the Consumer Bankruptcy Section website will be added to the Bankruptcy Court’s website.

Messrs. Belsky and Scurti requested that members of the Section be included in future bar committees established to suggest revisions to the Local Bankruptcy Rules and Chief Judge Schneider agreed.

The Judges and Clerk congratulated Messrs. Belsky and Scurti on the progress the Section has made so far and encouraged greater communication between the Court and the Section. The participants thanked each other for taking time to have this meeting and it was agreed that periodic meetings be held on an ongoing basis.

Accordingly, a follow-up meeting will be held between the Judges, Clerk and Consumer Section representatives in March 2005, on a mutually-agreeable date. One item to be discussed will be the presentation of findings and recommendations by the Section relating to compensation to Chapter 13 counsel.