Brett Weiss

Of Counsel

Location: Annapolis Office
Email: Contact Us

Brett Weiss brings over 40 years of experience representing individuals and businesses in all bankruptcy phases. He handles complex Chapter 7, 11, 12, and 13 cases, as well as Chapter 11 small business restructuring, including Subchapter V. Brett is Of Counsel at Frost Law and manages The Weiss Law Group, LLC. He is a frequent speaker on bankruptcy issues and has testified before Congress and regulatory bodies.

Bar Admissions

• Maryland
• District of Columbia
• US District/Bankruptcy Court Maryland
• US District/Bankruptcy Court DC
• US District/Bankruptcy Court Colorado
• US Court of Appeals (Fourth and Eighth Circuits)
• US Tax Court
• US Supreme Court

Areas of Practice

• Bankruptcy

Professional Memberships and Organizations

• National Association of Consumer Bankruptcy Attorneys (NACBA)(Board Member)
• American Bankruptcy Institute
• MSBA Consumer Bankruptcy Council (Board Member)

Awards & Honors

• NACBA Distinguished Service Award
• MSBA Alan J. Belsky Award
• Maryland Super Lawyer
• DC Super Lawyer
• Avvo Top Contributor Award

Published Works

• Daniel M. Press and Brett Weiss, Chapter 11 for Individual Debtors: A Collier Monograph (2012) (published by LexisNexis) Brett Weiss, Should the Absolute Priority Rule Apply in Individual Chapter 11 Cases? (Point-Counterpoint), ABI Journal, May 2021
• Brett Weiss, The Small Business Reorganization Act: A Brief Overview, Consumer Bankruptcy Journal, Spring 2021 at 14
• Brett Weiss, Fail to Make Direct Payments to Secured Creditors? Discharge OK (Point-Counterpoint), ABI Journal, May 2019 at 29 (Selected for The Best of ABI 2019: The Year in Consumer Bankruptcy)
• Brett Weiss, Justice Scalia and Consumer Bankruptcy, 2 Consumer Bankruptcy Journal No. 1 (2016) at 40
• Daniel M. Press and Brett Weiss, Who Gets the Money? The DIP Account, Liquidation Test and Conversion in Individual Chapter 11 Cases, ABI Journal, February 2014 at 16 (Selected for The Best of ABI 2014: The Year in Consumer Bankruptcy)
• Brett Weiss, Not Dead Yet: Bankruptcy After BAPCPA, Maryland Bar Journal, May/June 2007 at 16
• Brett Weiss, Restricting Home Occupations, 12 Planning Commissioners Journal, Fall 1993 at 15
• Brett Weiss, A “Human Life” Statute—Not Just for Abortion: The Effect of a Human Life Bill on Prenatal Tort and Wrongful Death Actions, 9 Maryland Law Forum No. 3 (1984) at 90.

Speaking Engagements

2023

• National Association of Consumer Bankruptcy Attorneys Subchapter V: Nuts & Bolts, Washington, DC, April 2023
• National Association of Consumer Bankruptcy Attorneys 2022-23 Caselaw Review, Washington, DC, April 2023

2022

• National Association of Consumer Bankruptcy Attorneys Recent Changes to the Bankruptcy Code that Affect Your Practice, National Webinar, July 2022

2021

• San Fernando Valley Bar Association, WebinarSubchapter V Cases, One Year In, June 2021
• Maryland Legal Aid, Webinar Chapter 7 Basics, May 2021

2020

• National Association of Consumer Bankruptcy Attorneys 2022-23 Caselaw Review, Washington, DC, April 2023
• Max Gardner’s Boot Camps, National Webinar Nuts and Bolts of Chapter 13, October 2020
• Max Gardner’s Boot Camps, National Webinar Nuts and Bolts of Chapter 7, September 2020
• National Bar Association Bankruptcy Law Section, National Webinar Subchapter V of Chapter 11, July 2020
• National Association of Consumer Bankruptcy Attorneys, Hollywood, California Full-Day Workshop: The New Chapter 11 Subchapter V Provisions, April 2020 (Cancelled due to Covid-19)
• MSBA Consumer Bankruptcy Section, Greenbelt, Maryland The Small Business Reorganization Act, April 2020 (Canceled due to Covid-19)
• Chapter 11/SBRA Boot Camp, Chicago, IL Four-day immersive Chapter 11 training, February-March 2020
• National Association of Consumer Bankruptcy Attorneys, National Webinar The New Chapter 11 Subchapter V Provisions, February 2020
• National Bar Association Bankruptcy Law Section, National Webinar Chapter 11 Basics, February 2020
• MSBA Consumer Bankruptcy Section, Greenbelt, Maryland Basics of Chapter 11 for Individuals, January 2020

2019

• National Association of Consumer Bankruptcy Attorneys, Puerto Rico Multi-Day Workshop: Chapter 11, Chapter 12 and new Small Business Act, December 2019
• National Association of Consumer Bankruptcy Attorneys, Cleveland, Ohio Chapter 11, May 2019

2018

• National Association of Chapter 13 Trustees, Miami, Florida Surrender or Retention of Secured Collateral and Potential Loss of Purchase Money Security Interest, June 2018
• Maryland Consumer Bankruptcy Section, Greenbelt, Maryland Mary Park McLean Brown Bag Seminar: Hourly Fees in Chapter 13 Cases, March 2018

2017

• Montgomery County Bar Association Bankruptcy for Non-Bankruptcy Attorneys, November 2017
• National Association of Consumer Bankruptcy Attorneys, Orlando, Florida When a Chapter 13 Needs to be a Chapter 11 Getting Paid: Hourly vs. “No Look” Fees Tax Traps in Bankruptcy, May 2017
• Bankruptcy Bar Association of Maryland, Greenbelt, Maryland Judge Neil Gorsuch on Bankruptcy, February 2017

2016

• National Association of Consumer Bankruptcy Attorneys, National Webinar Harris v. Viegelahn and Getting Paid, April 2016
• Bankruptcy Bar Association of Maryland, Rockville, Maryland What Happens to the DIP Account and Chapter 13 Escrow Funds Upon Conversion or Dismissal: Harris v. Viegelahn and its Progeny, March 2016

2015

• U.S. Bankruptcy Court for the District of Maryland, Greenbelt, Maryland Changes to the Official Bankruptcy Forms, November 2015
• National Association of Consumer Bankruptcy Attorneys, Chicago, Illinois What to Do When You’ve Been “Schlehubered”: Involuntary Individual Conversions to Chapter 11, April 2015
• Bankruptcy Bar Association of Maryland, Bethesda, Maryland Involuntary Conversion of Individuals to Chapter 11, January 2015

2014

• American Bankruptcy Institute 10th Annual Mid-Atlantic Bankruptcy Workshop, Cambridge, Maryland You and Me and Dependent Student Make Three: Consumer Hot Topics
• Same Sex Marriage Issues in Bankruptcy Involuntary Individual Chapter 11—Getting Paid or Involuntary Servitude? August 2014
• American Bankruptcy Institute, Washington, D.C. The 18th Annual Great Debates—Opponent
• Resolved: The Bankruptcy Rules and Forms Should Require That a National Chapter 13 Official Plan Form be Used in All Cases, April 2014
• National Association of Consumer Bankruptcy Attorneys, New York, New York Cross-Border Insolvency Issues in Consumer Bankruptcy
• Estate Planning Issues in Consumer Bankruptcy Current Issues in Chapter 11, April 2014

2013

• 36th Annual Bankruptcy Institute, Wilmington, North Carolina Individual Chapter 11 Cases After Maharaj—Making Sense of the Senseless, November 2013
• American Bankruptcy Institute, Alexandria, Virginia You Can’t Discharge Student Loans in Bankruptcy—Or Can You? November 2013
• National Association of Consumer Bankruptcy Attorneys, National Webinar Attorney’s Fees in Chapter 7 and Chapter 13, October 2013
• National Association of Consumer Bankruptcy Attorneys, New Orleans, Louisiana Attorney’s Fees in Chapter 7 and Chapter 13, October 2013
• Max Gardner’s Bankruptcy Boot Camp Basic Bankruptcy Training Series (13-hour in depth bankruptcy training videos), August-November 2013
• Max Gardner’s Bankruptcy Boot Camp, Los Angeles, California Chapter 11 Boot Camp, July 2013
• Bankruptcy Bar Association of Maryland, Annapolis, Maryland Same-Sex Marriage Issues in Bankruptcy Cases, May 2013
• Max Gardner’s Bankruptcy Boot Camp, Orlando, Florida Chapter 11 Boot Camp, April 2013
• Southeastern Bankruptcy Law Institute, Atlanta, Georgia When a Chapter 13 Shoulda, Coulda, Woulda Been a Better Chapter 11, March 2013

2012

• National Association of Consumer Bankruptcy Attorneys, Ameila Island, Florida Testing the Chapter 11 and Business 13 Waters (2-day workshop), November 2012
• U.S. Bankruptcy Court, Columbia, Maryland Best Practices Seminar: Exemptions and Reaffirmation Agreements, October 2012
• Max Gardner’s Bankruptcy Boot Camp, Chicago, Illinois Chapter 11 Boot Camp, October 2012
• Testimony before the Consumer Financial Protection Bureau on behalf of the National Association of Consumer Bankruptcy Attorneys, Washington, D.C. Consumer Advocacy, August 2012
• Maryland State Bar Association, Ocean City, Maryland Establishment of Purchase Money Security Interests in Personal Property, June 2012
• Consumer Bankruptcy & Pro Bono/Debtor Assistance Project Chapter 13, March 2012

2011

• Howard County, Maryland Bar Association Bankruptcy and Domestic Relations, November 2011
• National Association of Consumer Bankruptcy Attorneys, Colorado Springs, Colorado Brief Writing for the Busy Practitioner, October 2011
• Civil Justice Roundtable, Baltimore, Maryland Stern v. Marshall and Its Impact, September 2011
• Maryland State Bar Association Consumer Bankruptcy Section, Greenbelt, Maryland Ford Motor Credit Corp. v. Roberson—Groundbreaking or Irrelevant? August 2011
• National Association of Consumer Bankruptcy Attorneys, Washington, D.C. Valuation Issues in Bankruptcy, April 2011
• Pro Bono Resource Center, Greenbelt, Maryland Consumer Bankruptcy for New Practitioners, March 2011
• Testimony before the Bankruptcy Rules Committee on behalf of the National Association of Consumer Bankruptcy Attorneys, Washington, D.C. Proposed Rule 3001: Debt Buyer and Mortgage Lender Claims, February 2011

2010

• National Association of Consumer Bankruptcy Attorneys, San Juan, Puerto Rico Plan Modifications, Stay Litigation and Chapter 13 Motions Practice, November 2010
• National Conference of Bankruptcy Judges, New Orleans, Louisiana Supreme Court Case Review: Milavetz, Lanning, Schwab & Espinosa, October 2010
• Bankruptcy Bar Association of Maryland, National Harbor, Maryland Individual Bankruptcy Under Chapter 11, May 2010
• Southeastern Bankruptcy Law Institute, Atlanta, Georgia Bankruptcy Relief for the Entrepreneur/Developer Chapter 13 vs. Chapter 11, March 2010
• MICPEL, Columbia, Maryland Chapter 13 Plan Modifications Discharge and Dischargeability, March 2010
• Maryland State Bar Association Consumer Bankruptcy Section, Columbia, Maryland Getting Your Chapter 13 Plan Confirmed, March 2010
• RTTV America, Television Interview HAMP Loan Modifications, March 2010

2009

• Brown Bag Lunch, Greenbelt, Maryland Open Questions in Chapter 13 Cases, November 2009
• 9th Annual Taxpayers Against Fraud (Qui Tam) Education Fund Conference, Washington, D.C. Bankruptcy Issues and the False Claims Act, October 2009
• Consumer Bankruptcy & Pro Bono/Debtor Assistance Project Best Practices for New Practitioners, October 2009
• Testimony before the U.S. Congress House Judiciary Committee An Undue Hardship? Discharging Educational Debt in Bankruptcy, September 2009
• Sacramento Valley Bankruptcy Forum, Sacramento, California Bankruptcy’s New Frontier: Individual Chapter 11’s after BAPCPA, August 2009
• National Association of Chapter 13 Trustees, Boston, Massachusetts Evidentiary Issues in Consumer Real Estate Cases, July 2009
• Testimony before the U.S. Congress House Judiciary Committee Consumer Debt: Are Credit Cards Bankrupting Americans? April 2009
• Brown Bag Lunch, Greenbelt, Maryland Objecting to a Proof of Claim, April 2009
• Bankruptcy Bar Association of Maryland, Greenbelt, Maryland Individual Bankruptcy Under Chapter 11, February 2009

2008

• Brown Bag Lunch, Greenbelt, Maryland Chapter 11 vs. Chapter 13, November 2008
• U.S. Bankruptcy Court, Baltimore, Maryland Chapter 13 “Nuts and Bolts: Property of the Estate/Exemptions,” October 2008
• National Association for Consumer Bankruptcy Attorneys, Hilton Head, SC Bankruptcy Litigation Techniques and Strategies Pre- and Post-Filing Issues Evidence Primer Appeals, Settlement, Collections and Mock Trial, October 2008
• AARP TV “Medical Bankruptcy,” October 2008
• MICPEL, Columbia, MarylandBest Practices for Consumer Bankruptcy Attorneys in Maryland, July 2008
• Maryland State Bar Association, Ocean City, Maryland The Subprime Mortgage Crisis: Reversing the Hijacking of the American Dream, June 2008
• Bankruptcy Bar Association of Maryland, Annapolis, Maryland Ethical Transgressions in a Bankruptcy Practice, May 2008
• National Association of Consumer Bankruptcy Attorneys, Hollywood, California Individual Chapter 11, May 2008

2007

• Advanced Consumer Bankruptcy Institute, MICPEL, Columbia, Maryland Chapter 11 for Individuals Under BAPCPA Securitization Basics Tales from the Listserv and Blogs: FAQ’s and Baffling Issues, November 2007
• 22nd Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice, Charlottesville, Virginia Does the Failure to Extend the Stay Under § 362(C)(3) Lift It as to All Matters? What Lies Beneath the Surface: Frightening Issues in Chapters 7 and 13 Cases Individual Chapter 11, September 2007
• National Association of Chapter 13 Trustees, Baltimore, Maryland Plan Modifications: Do the Trustee and Creditor Get Another Bite at the Income Apple? August 2007
• Maryland Bankruptcy Bar Association 11th Annual Spring Break Weekend, Annapolis, Maryland Means Testing and US Trustee Audits, May 2007

2006

• Advanced Consumer Bankruptcy Institute, MICPEL, Columbia, Maryland Structuring the Chapter 13 Plan Objecting to a Proof of Claim, November 2006
• Maryland Bankruptcy Bar Association, Rockville, Maryland Due Diligence Under BAPCPA Household Size and Income Under the Means Test Phone Consultations Under BAPCPA, May 2006

2005
‍

• Brown Bag Lunch, Greenbelt, Maryland Section 521, BAPCPA and the “Fourth Option,” October 2005

Education

• University of Maryland, College Park
  • BA/Political Science
• University of Maryland School of Law
  • JD with honors