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Akron Bar’s bankruptcy and consumer law section attracts new members
SHERRY KARABIN
Legal News Reporter
Published: July 24, 2015
At a time when the Akron Bar Association is actively recruiting law school graduates and less experienced attorneys, two of the newly elected members of the bankruptcy and consumer law section’s executive committee are recent entrants into the profession.
On July 1, Jamie Nagle took the reins as section chair, while more recent graduates Ryan McNeil became vice-chair and Richard Schroeter took over as secretary/treasurer.
“A lot of attorneys who graduated law school from about 2005 on decided to go into bankruptcy because it was a growing area,” said former section chair Joseph A. Ferrise, an attorney for the Chapter 13 Trustee’s Office in Akron.
“As a result, there has been an influx of new bankruptcy attorneys and I think we’re starting to see more of these younger people taking an active role.”
Ferrise himself is among the new members of the section, joining the Akron Bar Association in 2008 after graduating from The University of Akron School of Law.
“Bankruptcy chose me,” he said. “When I graduated filings were at an all time high. I never took any bankruptcy classes in law school but it was an area in need of lawyers so I learned the ropes.
“People have the misconception that you have to study the area, but in my opinion bankruptcy is best learned by practicing it.”
The new section currently has 74 members, eight of whom are new to the bar association and the legal community. Members meet quarterly for dinner, usually on the third Wednesday of the month at 5:30 p.m.
“We usually have a speaker,” said McNeil, a solo practitioner who joined the bar association and the section in 2011. “We’ve had bankruptcy judges, trustees and even someone from legal aid.
“We usually have around 20 to 30 people at each meeting and the meetings often address changes in the law, so it helps members to keep up with what is going on in the area of bankruptcy.”
In addition to the quarterly meetings, the executive committee is involved in planning the annual White-Williams Bankruptcy Institute, which is co-sponsored by the Stark County Bar Association.
“It’s one of the most successful events that the bar puts on each year in terms of attendance and profit,” said Ferrise, who recently co-chaired the White-Williams Bankruptcy Institute planning committee.
Like Ferrise, McNeil has been working in the bankruptcy practice area his entire career. The Wheeling, West Virginia native graduated from The University of Akron School of Law, beginning his career at Graham & Associates Law Offices in Akron, where he handled bankruptcy matters. He later ventured out on his own and started the McNeil Law Firm.
“I like helping people through difficult financial times,” he said. “Most people come meet with me after they have explored all their other options. They are not happy they need to file bankruptcy but they are happy to be getting the relief that the bankruptcy code offers.”
McNeil said one of the things that makes the section unique is that it includes bankruptcy attorneys from all walks of life. “We have debtor and creditor lawyers and trustees appointed by the court, so members get to hear about all different perspectives.”
A 2012 graduate of The University of Akron School of Law, Schroeter attended his first section meeting in 2013.
“I joined the section when I started my job as an associate at Amer Cunningham,” said Secretary/Treasurer Schroeter. “I wanted to meet other bankruptcy attorneys and I thought it was a good way to start.
“We’re a close knit group. Most bankruptcy attorneys practice exclusively bankruptcy so most of our members are not part of other bar sections.”
Schroeter said he plans to work to attract more members, ensuring that every meeting includes a speaker in order to beef up attendance.
“Right now our section contains longtime lawyers and younger attorneys, but there are not too many people in the middle.
“Bankruptcy has become an area where lawyers hardly leave the office since so much of it is done via email and online,” said Schroeter. “I think that is one of the advantages to joining the section since it provides face-to-face encounters and helps everyone get to know the people who make up the practice area.”
As the new chair of the bankruptcy and consumer law section, Nagle said she’s exploring changing the location of the quarterly meetings to make them more convenient and enticing for members to attend.
A 2002 graduate of Cleveland State University Cleveland-Marshall College of Law, Nagle joined the Akron Bar Association in the summer of 2013. Nagle has experience as both a debtor’s and creditor’s attorney, which she said gives her a well-balanced approach to practicing bankruptcy.
She’s currently an associate at Amourgis & Associates, working as a debtor’s attorney. “I think most of us went to law school to help people and this is one area where lawyers can really do that.”
One longtime member, Kaffen & Zimmerman attorney Morris H. Laatsch said the relationships formed during the meetings could serve an attorney well when he/she is in need of advice.
“I’ve met a number of people that I am comfortable calling when I have something I want to kick around,” said Laatsch, who started practicing in 1975.
While there have been a number of revisions to bankruptcy code over the years, he said the clients themselves have not changed that much.
“Most people file bankruptcy because of some precipitating financial difficulty, whether it is credit card debt or the loss of a job,” said Laatsch. “In some cases, they took on the debt while they were working two or even three jobs and were managing to squeak by until the bottom fell out.
“I have the ability to assist clients in getting an enormous burden off their backs and I enjoy doing that.”
Laatsch said one of the biggest changes to bankruptcy law occurred in 2005 when Congress overhauled the laws making it harder for some people to file a Chapter 7 bankruptcy.
“A means test was instituted and if a person cannot pass the means test because his/her income is too high, then the person has to go the route of Chapter 13 and repay at least some of the debt,” said Laatsch.
“I don’t think the change has had a significant impact on the number of filings per se, but it did make it more difficult for higher income people to eliminate all their debt.”
McNeil said another major change took place in 2013 when Ohio increased its bankruptcy homestead exemption.
“Before the changes, an individual homeowner was entitled to keep about $22,000 in equity,” said McNeil. “The increase raised that amount to $132,900. If the person is married that amount is doubled,” he said.
“Three years ago, it might not have made sense for someone who had $50,000 in home equity to file bankruptcy. Now the fear of losing their home is no longer a concern for most people.”
He said the next big change in bankruptcy law in Ohio would be the fact that more same-sex married couples will be able to file a joint bankruptcy.
“Prior to the U.S. Supreme Court’ ruling last month in Obergefell v. Hodges, same-sex couples could not be legally married in Ohio, and thus, only same-sex couples who were married in another jurisdiction could file a joint bankruptcy here,” said McNeil.
“The Obergefell decision now legalizes same-sex marriage in all 50 states and will give more same-sex couples the opportunity to file a joint bankruptcy and receive the protections afforded by the bankruptcy code.”