What Bankruptcy Lawyers Can Learn From CDCBAA’s Attorney of the Year
I sat down with M. Erik Clark of Borowitz & Clark, the Central District of California’s Bankruptcy Attorney of the Year. We talked about practical ways debtor attorneys can shape local rules, why steady communication with judges and trustees matters, and how coordinated advocacy led to real wins like higher Chapter 13 no-look fees and clearer processes. Watch the full conversation, then skim the FAQs below for takeaways you can use in your district.
Frequently Asked Questions
- Why was Erik Clark recognized as Bankruptcy Attorney of the Year in the Central District of California?
- Do judges and trustees actually want to hear from debtor attorneys?
- What is the practical value of a bench-bar committee?
- How did Chapter 13 no-look fees change in the Central District of California?
- Why do higher no-look fees help debtors?
- What are supplemental fees in Chapter 13 and when are they used?
- What message should I bring when asking for a fee increase or rule change?
- I am a solo or small-firm lawyer and swamped. Is involvement still realistic?
- What if the relationship between the debtor bar, trustees, and the court feels adversarial in my district?
- How do I start a bench-bar dialogue if none exists?
- How do inconsistencies among judges create problems for Chapter 13 planning?
- What are the resources to help make the case for a fee increase?
- What role does the CDCBAA play in the Central District of California?
- How did BAPCPA affect attorney workload?
- What is the simple takeaway for newer debtor attorneys?
FAQ: Why was Erik Clark recognized as Bankruptcy Attorney of the Year in the Central District of California?
Because he paired day-to-day debtor work with system-level advocacy, including bench-bar collaboration, work on the homestead exemption, and efforts to modernize Chapter 13 practices and fees.
FAQ: Do judges and trustees actually want to hear from debtor attorneys?
Most do. Erik says judges have pulled him aside at seminars to ask what is working and what is not. They carry heavy caseloads and welcome feedback that makes the system run better.
FAQ: What is the practical value of a bench-bar committee?
It creates a regular place to compare perspectives and fix inefficiencies. In the Central District, early talks surfaced judge-to-judge inconsistencies that made Chapter 13 planning harder. Small alignments removed friction for everyone without taking away a judge’s autonomy.
FAQ: How did Chapter 13 no-look fees change in the Central District of California?
Over roughly twenty years, the fee moved from about $2,500 around BAPCPA to $7,000 for non-business cases and $8,500 for business cases. The most recent raise went from $5,000 to $7,000 and from $6,000 to $8,500, with a 40 percent bump to post-petition supplemental fees.
FAQ: Why do higher no-look fees help debtors?
They keep capable attorneys in the practice, which protects access to representation. When compensation trails the workload, attorneys exit bankruptcy work and the bar loses experience that would otherwise mentor the next generation.
FAQ: What are supplemental fees in Chapter 13 and when are they used?
They cover post-petition work after confirmation and are billed as needed across the life of the case. In the most recent update, those supplemental amounts rose by about 40 percent.
FAQ: What message should I bring when asking for a fee increase or rule change?
Bring specifics. Map tasks to time, show how new laws or procedures increased the workload, and explain the downstream impact on debtors if experienced counsel leaves the field. Judges respond to clear, operational detail.
FAQ: I am a solo or small-firm lawyer and swamped. Is involvement still realistic?
Yes, if you carve out focused time and collaborate. Erik notes most bankruptcy lawyers are solos or small firms. Even limited participation can surface pain points judges do not see from the bench.
FAQ: What if the relationship between the debtor bar, trustees, and the court feels adversarial in my district?
Start with education and small shared wins. Offer practical fixes that reduce repeat work for everyone. The goal is steady communication, not score keeping.
FAQ: How do I start a bench-bar dialogue if none exists?
Gather a small, respected group from the debtor bar. Ask trustees and one or two judges to meet about a single, concrete issue like plan confirmation bottlenecks or inconsistent document requests. Share short memos, keep minutes, and show the time savings.
FAQ: How do inconsistencies among judges create problems for Chapter 13 planning?
If you do not know which judge will get the case, big differences in expectations can force attorneys to plan blind. Aligning on a few basics reduces needless rework without touching how each courtroom is run.
FAQ: What are the resources to help make the case for a fee increase?
Chapter13Fee.com documents emails, written work, and arguments used to raise fees in another district. It is a good model for building your own record and proposals.
FAQ: What role does the CDCBAA play in the Central District of California?
It is the Central District Consumer Bankruptcy Attorneys Association, and it serves as a strong channel between the debtor bar, trustees, and the bench. That consistent forum helped move ideas into real changes.
FAQ: How did BAPCPA affect attorney workload?
After the initial filing surge, attorneys saw that the new process required more work per case. That data helped justify higher fees and updates to rights-and-responsibilities agreements and local procedures.
FAQ: What is the simple takeaway for newer debtor attorneys?
Do your cases well, and also set aside a little time for system work. Even a few thoughtful conversations with trustees or judges can lead to cleaner rules, fewer headaches, and better outcomes for debtors.