Summati
THE
n Weekly USPS Publication Number 16300
T h i s C o m mu n i t y N ew s p a p e r is a publication of Escambia / Santa Rosa Bar Association
Section A, Page 1
Vol. 16, No. 35
Visit The Summation Weekly Online: www.summationweekly.com
September 7, 2016
Legal Services of North Florida First Judicial Circuit Pro Bono Bankruptcy Project
By Leslie Powell, Carrie Cromey & Lauren Cobb Medical debt? Lost job? Car accident? Increased insurance premiums? Divorce? So many unexpected life events can lead someone to need help figuring out how to handle their debt. Pro se bankruptcy filings in U.S. Bankruptcy Court for the Northern District of Florida have increased by 25 percent since 2012, despite an overall decrease in total filings. Online resources found on the Court’s website—including how-to videos, a glossary of terms, and forms–help pro se filers understand how to file a Chapter 7 or 13 bankruptcy and may explain the rise in pro se filers. However, navigating the process and selfhelp materials can still be overwhelming for many debtors, and some pro se debtors are ultimately unsuccessful in obtaining the holy grail of bankruptcy, a ‘discharge’ of their debts. Legal Services of North Florida, Inc. (LSNF) is excited to announce its new partnership with the American College of Bankruptcy Foundation to kick-start a pro bono bankruptcy project to serve families and individuals looking to file pro se bankruptcy in Florida’s First Judicial Circuit. This goal of this project is to bring the experience of the bankruptcy bar in the First Circuit to the table to help these petitioners. LSNF’s representation of debtors in bankruptcy pro-
ceedings extends back forty years, including for more than a decade in the First Judicial Circuit. A typical applicant for bankruptcy legal services is a Veteran whose identity was stolen, a grandfather who co-signed on a car loan and who is facing a garnishment that will cut into his alreadyfixed income, or a recently divorced mother of three who just found out her ex-husband tried to improperly discharge debts that she’ll now have to pay. While LSNF generally files both Chapter 13 bank-
sentation in adversary proceedings. An adversary proceeding is a lawsuit filed within a bankruptcy case and may be brought by a creditor, the trustee, or the debtor, related to any number of things. For example, debtors file adversary proceedings to discharge taxes or student loans in limited exceptions. Adversary proceedings may also be filed by a debtor against a creditor who violates the automatic stay, which is the prohibition on any debt collection efforts after a bank-
In further partnership with the Escambia Santa Rosa Bar Association, LSNF hosted a bankruptcy nuts and bolts CLE on July 15 to give practitioners new to bankruptcy a primer on the Bankruptcy Code, terms, forms, and updates from the Bankruptcy Abuse Prevention Consumer Protection Act (BAPCPA) passed in 2005. Most importantly, they’ll told you how to get admitted to the Northern District of Florida if you aren’t already! Experienced bankruptcy attorneys are be-
1 Section, 12 Pages
federal judge appointed to hear bankruptcy cases in the Northern District of Florida, asks attorneys to complete a ‘Notice of Pro Bono Representation of Debtor’ when filing a bankruptcy petition so that pro bono cases are called first on dockets to allow attorneys who volunteer their time to get in and out of court quickly. Since the judge allows you to go first on the docket, there’s no excuse for
“So many
unexpected life events can lead someone to need help figuring out how to handle their debt.”
not taking a case. Plus, attorneys who donate their time to support a petitioner pro bono are listed in the quarterly newsletter that distributed to attorneys licensed in the Northern District of Florida. Attorneys participating in Please consider signing up for the Pro Bono Panel by this partnership will also be emailing John Fenno at John@LSNF.org. recognized by LSNF and casruptcies for clients to save a ruptcy has been filed. Credi- ing recruited to mentor newer es referred by LSNF will be home or other secured debt tors and the trustee may file attorneys who are willing to covered under our malpracthat is in arrears, and some an adversary proceeding to accept a bankruptcy case pro tice insurance. limited Chapter 7 straight liq- have a debt determined to be bono. Additional trainings Finally, pro bono service is uidation bankruptcies, many non-dischargeable because of will be held throughout the bankruptcy petitioners often fraud or repeated bankruptcy year, and mentors and LSNF an aspirational requirement go unrepresented, left to sort filings. Understanding how staff will be available to an- for members of the Florida through the online resources to prosecute or defend an ad- swer questions an attorney Bar not covered by an exversary proceeding can be es- may have when filing his or emption, and all Florida lidescribed above. censed attorneys swear an Other clients need repre- pecially daunting for a pro se her first case. LSNF is also scheduling oath to “never reject, from Year Cases Opened Pro Se Filings filer, so pro bono representavarious legal clinics later this any consideration personal to tion is vital. 2012 3,786 222 Some LSNF applicants are year that will incorporate pro myself, the cause of the deserved bankruptcy petitions se and pro bono assistance in fenseless or oppressed, or de2013 3,345 213 as creditors themselves. Per- bankruptcy cases. The first lay anyone’s cause for lucre 2014 3,030 241 haps they have a judgment was scheduled for July 23. or malice.” Please consider against the petitioner or were Anyone interested in partici- signing up for the Pro Bono 2015 2,733 228 formerly married and the pe- pating please contact Judy Panel by emailing John Fen Pro se bankruptcy filings in U.S. Bankruptcy Court for the no at John@LSNF.org. Northern District of Florida have increased by 25 percent since tition attempts to discharge Naler at Judy@LSNF.org. Judge Karen Specie, the non-dischargeable debts. 2012, despite an overall decrease in total filings.