CLLA Newswire April 2017 Continued

Thursday, April 20, 2017
Lawrence P. King Award Recipient Announced – Nancy B. Rapoport » Wauconda, IL, April 20, 2017 – The Commercial Law League of America (CLLA) and its Bankruptcy Section are pleased to present the King Award to Nancy B. Rapoport at the National Conference of Bankruptcy Judges (NCBJ) in Las Vegas in October 2017.

Each year, the Executive Council of the Commercial Law League’s Bankruptcy Section presents the Lawrence P. King Award to recognize a lawyer, judge, teacher or legislator who exemplifies the best in scholarship, advocacy, judicial administration or legislative activities in the field of bankruptcy. The award is designed to recognize the lifetime achievements of Professor King, which include contributing to the practice of bankruptcy law through teaching, by working to elevate the profession and through bankruptcy-related legislative activities.

This year’s recipient — Nancy B. Rapoport — is Special Counsel to the President of University of Nevada Las Vegas, Garmen Turner Gordon Professor of Law at William S. Boyd School of Law and Affiliate Professor of Business Law and Ethics at Lee Business School.

Professor Rapoport earned her B.A. summa cum laude from Rice University in 1982 and her J.D. from Stanford Law School in 1985. She clerked for the Honorable Joseph T. Sneed III on the United States Court of Appeals for the Ninth Circuit and then practiced law (primarily bankruptcy law) with Morrison & Foerster in San Francisco from 1986-1991.

Rapoport began teaching at The Ohio State University College of Law in 1991, and she moved from Assistant Professor to Associate Professor with tenure in 1995 to Associate Dean for Student Affairs (1996) and Professor (1998). She served as Dean of the University of Nebraska College of Law from 1998-2000. She then served as Dean and Professor of Law at the University of Houston Law Center from July 2000 to May 2006 and as Professor of Law from June 2006 to June 2007, when she left to join the faculty at William S. Boyd School of Law. She served as Interim Dean of Boyd from 2012 to 2013, as Senior Advisor to the President of UNLV from 2014-2015, and as Acting Executive Vice President & Provost from 2015-2016.

 Rapoport is admitted to the bars of the states of California, Ohio, Nebraska, Texas, and Nevada and of the United States Supreme Court.  In 2001, she was elected to membership in the American Law Institute, and in 2002, she received a Distinguished Alumna Award from Rice University. She is a board member of the National Museum of Organized Crime and Law Enforcement (the Mob Museum) and the Vice President for Research Grants for the American Bankruptcy Institute. She is also a Fellow of the American Bar Foundation and a Fellow of the American College of Bankruptcy. In 2009, the Association of Media and Entertainment Counsel presented her with the Public Service Counsel Award. She was recently appointed as the Independent Member of the Fee Review Committee in In re Caesars Entertainment Operating Co., Inc., U.S. Bankruptcy Court, Northern District of Illinois (2015-present).
Her specialties are bankruptcy ethics, ethics in governance, law firm behavior, and the depiction of lawyers in popular culture. Among her published works are Enron and Other Corporate Fiascos: The Corporate Scandal Reader 2d (Nancy B. Rapoport, Jeffrey D. Van Niel & Bala G. Dharan, eds.) and Law Firm Job Survival Manual:  From First Interview to Partnership, also co-authored with Jeffrey D. Van Niel (Wolters Kluwer 2014). She has also appeared in the Academy Award®-nominated movie, Enron: The Smartest Guys in the Room (Magnolia Pictures 2005). In her spare time, she competes, pro-am, in American Rhythm and American Smooth ballroom dancing.
The CLLA events at NCBJ will take place on Oct. 9. They include the CLLA Luncheon, featuring the King Award presentation, Keynote presentation “The Supreme Court:  Appointments to the Statutory and Constitutional Interpretation by the Court in Bankruptcy Cases.” Following is the Honorable Frank W. Koger Memorial Education Program. For more information, please visit the Events page on www.CLLA.org.   View the PDF version

Thursday, April 20, 2017
Coming in May 2017!  Webinar CLE Opportunities Webinar Set Throughout the Year! » CLLA is proud to provide a new webinar series that will give our members (and non-members) multiple opportunities to fulfill CLE credits in a convenient and cost effective way. Our first webinar, Professionalism – A Primer & Review, is set for Thursday, May 18th and you may register here. Future webinars include:

  • Credit Reports & Proposed 2017 Changes: What You Need to Know
  • E-Discovery 101
  • Lawyer as Supervisor – Ethical Considerations
  • Traps for the Unwary – Bankruptcy Malpractice
  • Cloud Basics: Introduction to Office Technology in Law Firms & Agencies
  • Local Counsel – When Local isn’t so Local
  • Jurisdictional Challenges – Where Do I File Suit?

Each webinar will cost $89 for members and $149 for non members.  CLLA is excited to provide these chances to earn credit and strengthen your industry knowledge, don’t miss a webinar! Click here to register.  ♦

Monday, April 17, 2017
Legal Alert: Multiple Flaws Found in $2.8 Billion Debt Collection Procurement » The Government Accountability Office said that the Department of Education committed numerous errors before selecting seven companies to perform debt collection services in a $2.8 billion procurement. Therefore, The GOA issued a public decision recommending that the department reopen the competition and receive revised proposals.The GOA announced that it sustained protests of the seven $417 million contacts because of several prejudicial errors. The department’s request for proposals sought to award multiple contracts for the collection of defaulted student loans.

Flaws:

  • The department ignored or discounted relevant information bearing on the quality of offeror’s past performance if it wasn’t included in a Contactor Performance Assessment Reports System report.
  • Another flaw found was in the management approach evaluation. The department expected offerors to propose a quality control manager with specific experience as required key personnel position, but the request for proposal did not make that expectation clear.♦

Wednesday, April 12, 2017
Case Volume May Be Key to Private Tax Debt Collection Success » The IRS began its private debt collection program last week by sending letters to people informing them that their accounts have been transferred to four private debt collection companies.Each of the four companies (CBE Group, Inc., ConServe, Inc., Performant Recovery, Inc., and Pioneer Credit Recovery, Inc.) will be responsible for 100 cases per week-400 total. Depending on how the program is progressing, that number will gradually increase to 1,000 per company per week.

Changes: The IRS debt collection program is a reboot of a program established in 2006 that was shut down in 2009 because it was not profitable. This has led to some changes to the new program:

1.      Ensure taxpayers that they are actually speaking to a private debt collector. Taxpayers will receive a letter from the IRS, then a letter from the designated private debt collection company, followed by a phone call from the company. The company will only target taxpayers who have had multiple contacts from the IRS (you will NOT get a call from a private collection firm unless you have unpaid tax debts going back several years and you’ve heard from the IRS multiple times.)

2.      Sharing enough information. Private debt collectors will now have access to certain information from the IRS to expedite the resolution of a taxpayer’s account.The IRS also agreed to take taxpayers who have open cases with the Taxpayer Advocate Service off of the private debt collection list.

Potential Budget Boost: The IRS will retain 25 percent of the amount collected by the private collection agencies to pay for the cost of the program.The IRS will also keep another 25 percent for personnel hiring and training.The Joint Committee on Taxation estimated that the private collection program could net $180 million, meaning the IRS would get about $90 million.  The program, if successful, could possibly see profits even greater than that.♦

Wednesday, April 5, 2017
Legal Alerts

H.R. 1667 Introduced     On March 22, 2017 Rep. Tom Marino (R-PA-10) introduced bill, H.R.1667, the “Financial Institution Bankruptcy Act of 2017” to amend title 11 of the United States Code to facilitate the resolution of an insolvent financial institution in bankruptcy.  The bill was referred to the House Judiciary Committee and a copy of the bill is attached. Link to Bill

H.R. 1849 Introduced
On April 3, 2017 Rep. Dave Trott (R-MI-11) introduced bill, H.R.1849 to modify the Fair Debt Collection Practices Act by excluding law firms and licensed attorneys who are engaged in activities related to legal proceedings from the definition of a debt collector. The bill will also amend the Consumer Financial Protection Act of 2010 by preventing the Bureau of Consumer Financial Protection from using supervisory or enforcement authority with respect to attorneys when undertaking certain actions related to legal proceedings. The bill was referred to the House Committee on Financial Services.♦