Bankruptcy News Briefs 2/27

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SCOTUS Declines to Decide Late-Filed Tax Return Issue

Consumer Litigation Filings Show Universal Increase in January

President Donald Trump Issues Another Executive Order to Curb Regulations

Bank Card Default Rates Post Significant Gain in January

Debt collector accused of misrepresentation

Banks must weigh inevitable backlash to Dodd-Frank rollback

Mortgage Servicer Defeats Class Certification Over Collection Practices Allegedly Targeting Discharged Mortgage Debts

Paid Rejection: Bankruptcy Court Allows Professional Fees Despite Trustee’s Flawed Strategy

pcoming NACBA Events

nacba25

Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more! Register today for the Early Bird Rate that ends March 17th, 2017 for savings!

Register Today for Two New NACBA Webinars in  March!

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10 Critical Numbers That Will Determine the Success or Failure of Your Law Firm
Date: Thursday, March 2, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, The Rainmaker Institute
Cost: No Fee – NACBA Member Benefit
Register HERE

What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Register HERE

Receive a $25 Amazon Gift Card!

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the Requirements and start referring today!

 NACBA Membership Promotion!

Renew your membership this month and be entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners, will be selected at random each month January 2017 through July 2017. Renew Today!

Upcoming NACBA Webinar This Thursday! Register Today!

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FREE WEBINAR FOR NACBA MEMBERS!

10 Critical Numbers That Will Determine the Success or Failure of Your Law Firm
Thursday, March 2, 2017, 3:00 PM Eastern to 4:00 PM Eastern

Key Performance Indicators (KPIs) are the numbers that make your law firm run. By analyzing these critical metrics, Partners and Owners of law firms can determine whether they are on track to achieve their financial goals or if they need to retool and refocus their marketing and business development efforts.

In this fast paced webinar, attorneys will learn:

  • How to identify the 10 key metrics your law firm needs to track and measure
  • How to set up a system to identify these numbers
  • The 5 critical systems every law firm must have
  • CPL and CPC: the 2 most important numbers every attorney must know in order to succeed
  • How to avoid “paralysis by analysis” and being overwhelmed by too much data
  • Delegating roles and responsibility to your staff
  • Using software to track your KPIs
  • What are the best practices used by the fastest growing consumer law firms to double their conversion rates in 3-6 months

Stephen Fairley with Rainmaker Institute cuts through the clutter and gives you clear and easy to understand guidance on which numbers really matter the most, how to track this information, and what to do with it once you have it!

You won’t want to miss the webinar chock full of useful information! Register Today!

#NACBA25 Highlight

Celebrate 25 Years of NACBA at the Walt Disney World Swan and Dolphin Resort!
 

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NACBA is excited to celebrate 25 years at one of the most loved places on earth…Walt Disney World! What makes it even sweeter is the spectacular Walt Disney World Swan and Dolphin Resort. The Walt Disney World Swan and Dolphin Resort provides a truly extraordinary backdrop for attendees to enjoy  NACBA’s  Annual Convention. Beautiful tropical landscaping, tranquil waterways and classic art and architecture work together to create a stunning landmark in the midst of one of the most spectacular places on earth.Inside this magnificent Disney resort, an environment of elegance and sophistication awaits. From the spectacular lobbies and our unique restaurants, to the exotic Mandara Spa, and the incredibly comfortable guest rooms, we offer the ultimate escape just moments away from the thrill and excitement of the Walt Disney World® Resort.

As a guest of the Dolphin Hotel, you’re entitled to many special Disney benefits to help you make the most of your time, such as the all new MyMagic+ benefit, complimentary scheduled transportation to the Disney theme parks and attractions, on-site Disney ticket and information desks, the Extra Magic Hours benefit in the theme parks, on-site character dining, and advance tee times on championship Disney golf courses.  Spend fun-filled, action-packed days in the theme parks or water parks neighboring our Disney resort.  Enjoy award-winning dining experiences, abundant shopping, amazing entertainment and invigorating recreational activities at the Walt Disney World® Resort.

Have you made your reservations yet? If not, do so as soon as possible because rooms are filling up at this one of a kind resort! NACBA has secured a special rate of $199 per night at the Walt Disney World Dolphin Hotel during the convention.  To ensure you receive this special rate, be sure to book your room using this link or by mentioning NACBA when you call 1-800-227-1500.

If You Haven’t Already, Register Today  for an Incredible Experience at NACBA25 !

Bankruptcy News Briefs 2/23

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CFPB Requests Information on Proposed Student Loan Data Initiative

Defending the CFPB

CFPB’s First Jury Trial to Test Agency Overreach

Woman claims debt collector filed suit in different county to coerce her into paying alleged debt

Consumer Activists Decry Bill to Limit Class-Action Lawsuits

Bankrupt Single Mom Can Get Rid of Student Loans

Lawyers Lose $100,000 Award Despite Bankrupt Client’s Lie

Application of Bankruptcy Law to Internet Assets

Black Knight Financial Releases Latest Foreclosure Findings

 NACBA Membership Promotion! Have you Renewed Your Membership?

Renew your membership this month and be entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners, will be selected at random each month January 2017 through July 2017. Renew Today!

 

 

 

Receive a $25 Amazon Gift Card When You Refer a New Member to NACBA!

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the Requirements and start referring today!

Upcoming NACBA Events

nacba25

Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more! Register today for the Early Bird Rate that ends March 17th, 2017 for savings!

Save the Date! New NACBA Webinar in  March

NACBA Webinars Web Banner (1)

What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Registration opens soon

Bankruptcy News Briefs 2/22

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BAP Takes Realistic Approach to Undue Hardship Analysis

Court Holds Collection Calls to a Wrong Person’s Home Phone are not a TCPA Violation

Industry Group Tells CFPB to Support Consumer’s Right to Financial Data Access; Don’t Forget Accounts in Collection!

Bill Seeks Changes in CFPB Funding Source

Can this small Texas bank jump in on PHH’s fight with the CFPB?

The CFPB has a database with 700,000 consumer complaints

Consumer alleges debt collector broke law

All bills targeting student debt fail this session

Stanislaus Credit Control accused of attempting to collect discharged debt

Federal Reserve Bank Of New York: Consumer Credit Is Deteriorating

Bankruptcy Is Not A Borrower Antidote For Loan “Default Interest”

Individual States Try to Address Student Debt

Student Loan Debt Still Tops Credit Card Debt In America

Upcoming NACBA Events

nacba25

Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more! Register today for the Early Bird Rate that ends March 17th, 2017 for savings!

Save the Date! New NACBA Webinar in  March

NACBA Webinars Web Banner (1)

What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Registration opens soon

 

Receive a $25 Amazon Gift Card!

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the Requirements and start referring today!

 NACBA Membership Promotion!

Renew your membership this month and be entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners, will be selected at random each month January 2017 through July 2017. Renew Today!

 

 

 

#NACBA25 Highlight

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We Like To Have Fun At NACBA!
Join the Ethics Jeopardy Plenary Session!
NACBA likes to mix it up and keep you on your toes! This #NACBA25 plenary session definitely won’t disappoint! Have fun exploring the ethics issues of consumer bankruptcy law practice playing Jeopardy with bankruptcy judges, Hon. Cynthia A. Norton of Kansas City and Hon. Catherine Peek McEwen of Tampa, and practitioner James H. (Jim) Cossitt of Kalispell, MT. Bring your cell phone to participate in the audience polling on Saturday, May 6th from 8:00 AM-9:00 AM
Learn More About The Players of The Game!
Your Moderator
Jill Michaux
avatar for Jill Michaux
Jill A. Michaux was appointed by Chief Justice John G. Roberts to a three-year term on the national Advisory Committee on Bankruptcy Rules on November 30, 2012, and reappointed to a second three-year term in October 2015. She practices law with the firm of Neis & Michaux, P.A., of Topeka, Kansas. She was a founding member of the National Association of Consumer Bankruptcy Attorneys and served on its board of directors six years from 1993 to 1999. She graduated from the University of Kansas in 1977 with a Bachelor of Science in Journalism degree and from the Washburn University School of Law with Dean’s Honors in 1982. Michaux and Mark Neis, her husband and law partner, are the only Topeka attorneys, and two of seven in Kansas, to be board certified in consumer bankruptcy law by the American Board of Bankruptcy Certification. Michaux is a founding member and past president of Topeka Area Bankruptcy Council and the Kansas Bar Association Bankruptcy and Insolvency Section. She blogs on her own site, www.bankruptcykansas.info. She served as judge for the Municipal Court of the City of Rossville, Kansas, for 16 years until 2010.
Your Jeopardy Hosts
James H. Cossitt
avatar for Jim Cossitt
James H. Cossitt has practiced in Kalispell, Mont., since 1999 in the areas of bankruptcy & workouts, business & commercial litigation, real estate, landlord / tenant, secured transactions and construction law.   He began his career in insolvency law as a bankruptcy attorney with the FDIC in Des Moines, Iowa, served as a chapter 7 panel trustee in the N.D. of Iowa from 1988-95 and as a chapter 11 trustee in the W.D. of Michigan from 1997 to 2000.  Mr. Cossitt is admitted to practice in the state and federal courts in Montana, Colorado, Michigan and Iowa, is board-certified by the American Board of Certification in both Business & Consumer Bankruptcy Law.  He is a member of the American Bar Association, National Association of Bankruptcy Trustees, National Association of Consumer Bankruptcy Attorneys and a lifetime member of the American Bankruptcy Institute.  In addition, he is the Montana editor of West Group’s Bankruptcy Exemption Manual  and in 2009 was elected to a three-year term on the Board of Directors of the American Board of Certification (ABC).

A frequent speaker to professional and trade groups on bankruptcy and related topics, Mr. Cossitt was a member of a task force of US bankruptcy judges, law professors and others who consulted with the Slovak Parliament and research institutes in Bratislava, Slovakia, in 1993 on drafting a new bankruptcy law and the transition to a market economy.  He served as an invited lecturer at a Russian Bankruptcy School sponsored by the Iowa State University Center for International Agricultural Finance, held in Ames, Iowa, in 1995.  Mr. Cossitt received his B.A., with distinction, in 1982 from Iowa State University and his J.D. in 1986 from the University of Iowa College of Law.

Honorable Catherine Peek McEwen 
avatar for Hon. Catherine Peek McEwen
Catherine Peek McEwen is a United States Bankruptcy Judge for the Middle District of Florida (appointed August, 2005).  She is also an adjunct professor at the Western Michigan University Cooley Law School.  Prior to becoming a judge, she was in private practice, concentrating on commercial litigation with an emphasis on representing parties in bankruptcy cases.  Judge McEwen was graduated from Stetson University College of Law cum laude in 1982 and received her undergraduate degree from the University of South Florida (B.A., Political Science) in 1979.

She is the judicial chair of The Florida Bar Business Law Section Bankruptcy/UCC Committee and a member of The Florida Bar Business Law Section Executive Council as well as past chair of The Florida Bar Federal Court Practice Committee.  She is a member of the National Conference of Bankruptcy Judges’ Legislative Committee and is a Past Editor in Chief of the NCBJ Conference News, past co-chair of the NCBJ’s Future of the Conference Committee and past member of its National Bar Association Liaison Committee, Endowment for Education Board, Public Outreach Committee, Ethics Committee, and the Newsletter Committee.  She is a past chair and a member of the Thirteenth Judicial Circuit (of Florida) Pro Bono Committee.  She is on the Board of Directors of the Hillsborough Association for Women Lawyers.

She was elected into the American Law Institute in 2012.  Among her other honors are the Stetson University College of Law Distinguished Alumnus Award (2007), Hillsborough County Bar Association Jimmy Kynes Pro Bono Service Award (2008), the Stetson University College of Law J. Ben Watkins Award (2009), the Florida Association for Women Lawyers Leaders in the Law inaugural class designation (2010), the Tampa Bay Hispanic Bar Association’s Luis “Tony” Cabassa Award (2012), the George Edgecomb Bar Association’s Delano S. Stewart Diversity Award (2015), the inaugural Florida Supreme Court Chief Justice’s Distinguished Federal Judicial Service Award (2016), the Stetson Lawyers Alumni Association Ben C. Willard Award (2016), the University of South Florida Distinguished Alumna Award (2016), and the Bay Area Legal Services, Inc. Judge Don Castor Justice Award (2016).

Honorable Cynthia A. Norton

avatar for Hon. Cynthia Norton

Cynthia A. Norton graduated summa cum laude from the University of Kansas in 1981 with a double major in French and Art History. She received her law degree from the same institution in May 1984. She clerked for the Hon. John E. Rees of the Kansas Court of Appeals, and the Hon. James A. Pusateri, U.S. Bankruptcy Judge, and was a partner at Lewis Rice & Fingersh in Kansas City, before establishing her own law firm in 1995. As a member of Grimes & Rebein, Judge Norton practiced in bankruptcy and related fields in Kansas and Missouri until being sworn in as a bankruptcy judge in the Western District of Missouri on February 1, 2013. She is the recipient of the Michael R. Roser Excellence in Bankruptcy Award, and the Robert L. Gernon Award for Outstanding Contribution to CLE, as well as a Fellow in the American College of Bankruptcy. Judge Norton has authored numerous articles and seminar papers, and spoken at conferences all around the country. She and her husband reside in Parkville, Missouri.

Register Today and Get Ready to Play!

Bankruptcy News Briefs 2/21

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National Consumer Law Center Statement on Appellate Court Order to Vacate and Review Questionable Decision on Trump Power over Consumer Watchdog

Court Denies “Comfort Order” to File Late POC

Legislation to Change CFPB Budget Oversight Returns to Congress

Petitioners Seek Prior Express Written Consent for All Autodialed Calls to Cell Phones Under the TCPA

Appeals Court to Rehear Constitutionality of Consumer Protection Bureau Structure

Hensarling compares CFPB to a tyranny

Texas lawmaker wants to send ‘zombie debt’ to the grave

American Debt Set to Pass Financial Crisis High. 3 Reasons Not to Panic, Yet

Keepin’ It Classy: Court Certifies Class-Action for Alleged FDCPA Violations

The TCPA and Risk of “Sabotage Liability”

Breakaway Senate Dems push student debt relief in New York State budget

Court Rejects Lender’s Objection to Payment of Debtor’s Counsel’s Fees and Expenses from Pre-Petition Retainer

Mortgage Delinquency Reaches Plateau

Student Loan Debt In 2017: A $1.3 Trillion Crisis

Upcoming NACBA Events

nacba25

Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more! Register today for the Early Bird Rate that ends March 3rd, 2017 for savings!

Save the Date! New NACBA Webinar in  March

NACBA Webinars Web Banner (1)

What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Registration opens soon

 

Receive a $25 Amazon Gift Card!

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the Requirements and start referring today!

 NACBA Membership Promotion!

Renew your membership this month and be entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners, will be selected at random each month January 2017 through July 2017. Renew Today!