Bankruptcy News Briefs 8/24

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Midweek News…

CFPB’s Arbitration Proposal Draws 13,000 Comments

CFPB Anti-Arbitration Rule Will Harm Consumers and FinTech

NAFCU Appeals to Congress for Reg Relief Following CFPB Rebuff

Student loan debt continues to be a struggle for many, data show

TCPA Class Action Dismissed For Failure to Allege Harm: No Harm, No Foul (And No Class Action Lawsuit)

7th Cir. Rejects FDCPA Claims That Illinois Wage Garnishments Are Actions ‘Against Consumer’

Non-Final Finality: Does One Interlocutory Issue Resolved in a Bankruptcy Court Order Render All Issues Addressed in the Order Non-Appealable?

UPCOMING WEBINARS

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7 Keys to Building a Referral-based Law Firm

DATE: Thursday, September 14, 2016, 3:00 PM EST / 12:00 PM PST
COST: FREE for NACBA Members
PRESENTER: Stephen Fairley, CEO, The Rainmaker Institute
REGISTER: HERE

Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems
with Non-Bankruptcy Causes of Action
DATE: Thursday, September 22, 2016 – 3:00 PM EST / 12:00 PM PST
COST: $25 NACBA Member, $75 Non-Member
PRESENTERS:
Judge Paul W. Bonapfel, Northern District of Georgia
J. Erik Heath, Esq., Consumer Bankruptcy Attorney, San Francisco, CA
John Rao, Esq., National Consumer Law Center, Inc.
REGISTER: HERE

GET READY TO SET SAIL!

Deadline August 26th!

Only 2 Days Left to Win a Free Registration to NACBA’s 2016 Fall Workshop Members-Only Cruise (Miami, FL – Nassau, Bahamas)

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Visit the NACBA Facebook page and enter to Win a Free Registration to the Fall Workshop Members Only CruiseJust LIKE the Post & SHARE on your page for a chance of winning one (1) FREE Registration (total value $594) to NACBA’s 2016 Fall Workshop Members Only Cruise (Miami, FL – Nassau, Bahamas), October 6-10, 2016. This prize package includes registration to the Pre-Cruise Tax Session.

Contest Expires August 26th, 2016 Winner Announced August 29th, 2016 . Non-Transferable. One (1) winner selected. Current Membership in NACBA Required. Good luck!

SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 8/23

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Start Your Day With These Headlines…

ACA Submits Comments Opposing CFPB’s Proposed Rule on Arbitration

Consumer Litigation for FDCPA, FCRA Declines in July, While TCPA Cases Increase

CFPB Flooded With Thousands of Comments Over Arbitration Rule

CFPB: Unnecessary Obstacles for Lower Loan Payments

Proposed Bankruptcy Rule Changes: Word Counts to HELOCs

Will CFPB Move to Limit Arbitration Undermine Alternative Finance?

When banks play unfairly, consumers want chance to be heard in court

Apple and Google join ‘strike force’ to crack down on robocalls

U.S. District Court in Georgia Grants Initial Approval of Wells Fargo $30 Million TCPA Settlement

UPCOMING WEBINARS

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7 Keys to Building a Referral-based Law Firm

DATE: Thursday, September 14, 2016, 3:00 PM EST / 12:00 PM PST
COST: FREE for NACBA Members
PRESENTER: Stephen Fairley, CEO, The Rainmaker Institute
REGISTER: HERE

Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems
with Non-Bankruptcy Causes of Action
DATE: Thursday, September 22, 2016 – 3:00 PM EST / 12:00 PM PST
COST: $25 NACBA Member, $75 Non-Member
PRESENTERS:
Judge Paul W. Bonapfel, Northern District of Georgia
J. Erik Heath, Esq., Consumer Bankruptcy Attorney, San Francisco, CA
John Rao, Esq., National Consumer Law Center, Inc.
REGISTER: HERE

GET READY TO SET SAIL!

Enter to Win!

Deadline August 26th!

Free Registration to NACBA’s 2016 Fall Workshop Members-Only Cruise (Miami, FL – Nassau, Bahamas)

October 6-10, 2016

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Visit the NACBA Facebook page and enter to Win a Free Registration to the Fall Workshop Members Only CruiseJust LIKE the Post & SHARE on your page for a chance of winning one (1) FREE Registration (total value $594) to NACBA’s 2016 Fall Workshop Members Only Cruise (Miami, FL – Nassau, Bahamas), October 6-10, 2016. This prize package includes registration to the Pre-Cruise Tax Session.

Contest Expires August 26th, 2016 Winner Announced August 29th, 2016 . Non-Transferable. One (1) winner selected. Current Membership in NACBA Required. Good luck!

SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 8/22

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New Week of Headlines…

CFPB fines Wells Fargo $3.6 million for deceptive student loan practices

Monthly, Year-to-Date Debt Collection Complaints to CFPB Continue to Decline

The “Least Sophisticated Debtor” Is Getting More Sophisticated, And Has An Improved Memory Too

Stop Bank, Payday Lender, and Scammer Get-Out-of-Jail-Free Cards and Restore Consumers’ Access to Court

CFPB Should Exempt Credit Unions From Arbitration Rules

Pair claim debt collection attempts are morass of confusion

$1.3 trillion in student loan debt is crippling retail sales growth

The price of education: Study finds Ohioans saddled with massive student loan debt

UPCOMING WEBINARS

NACBA Webinars Web Banner (1)

7 Keys to Building a Referral-based Law Firm

DATE: Thursday, September 14, 2016, 3:00 PM EST / 12:00 PM PST
COST: FREE for NACBA Members
PRESENTER: Stephen Fairley, CEO, The Rainmaker Institute
REGISTER: HERE

Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems
with Non-Bankruptcy Causes of Action
DATE: Thursday, September 22, 2016 – 3:00 PM EST / 12:00 PM PST
COST: $25 NACBA Member, $75 Non-Member
PRESENTERS:
Judge Paul W. Bonapfel, Northern District of Georgia
J. Erik Heath, Esq., Consumer Bankruptcy Attorney, San Francisco, CA
John Rao, Esq., National Consumer Law Center, Inc.
REGISTER: HERE

GET READY TO SET SAIL!

Enter to Win!

Deadline August 26th!

Free Registration to NACBA’s 2016 Fall Workshop Members-Only Cruise (Miami, FL – Nassau, Bahamas)

October 6-10, 2016

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Visit the NACBA Facebook page and enter to Win a Free Registration to the Fall Workshop Members Only CruiseJust LIKE the Post & SHARE on your page for a chance of winning one (1) FREE Registration (total value $594) to NACBA’s 2016 Fall Workshop Members Only Cruise (Miami, FL – Nassau, Bahamas), October 6-10, 2016. This prize package includes registration to the Pre-Cruise Tax Session.

Contest Expires August 26th, 2016 Winner Announced August 29th, 2016 . Non-Transferable. One (1) winner selected. Current Membership in NACBA Required. Good luck!

SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

#NACBASEA Spotlight with Jessie Gabel Cino and Sandy Karlan

October 8th, 2016

#NACBASEA Session Spotlight

  • Can you have your client clean up her social media sites?  
  • Can you friend someone in a case – opposing counsel, judge or opposing party?
  • Do you have to identify yourself? Can the UST use social media postings as evidence in adversary proceedings?
Learn the answers to these questions in Saturday’s session, at 10:00-11:00 AM, Ethics: Sink or Swim with Social Media: Learn How to Ethically Use Social Media in Your Practice.”
Presenters:
avatar for Jessie Gabel Cino
Jessie Gabel Cino
Professor Gabel teaches courses on Forensic Evidence and Forensic Medicine. She also teaches bankruptcy and contracts.  Her primary research focuses on fraud and ethics at the intersection of law and science. Professor Gabel has been interviewed by PBS Nova, National Public Radio, TruTV, RT America, and other news outlets. She has lectured throughout the U.S, in Poland, China, Taiwan and Australia.Professor Gabel received her JD magna cum laude from the University of Miami School of Law and her bachelor of science, summa cum laude, from the University of Central Florida. While in law school, Professor Gabel co-founded and served as the executive director for the Wrongful Convictions Project, which assisted defendants with claims of actual innocence. The Project continues its work and is now a fully-funded Innocence Clinic.

Prior to joining Georgia State University College of Law, she clerked for the Honorable Peter T. Fay, Circuit Judge for the United States Court of Appeals for the Eleventh Circuit. She then practiced law with Covington & Burling, LLP in San Francisco, California, focusing on white collar crime, bankruptcy, and pro bono death penalty work. While at Covington, Professor Gabel also taught classes at the University of California Hastings School of the Law.

Professor Gabel presents on forensic evidence, criminal law, business law, bankruptcy, and trial strategy. She also has written on a wide-range of topics, including the validity of forensic evidence genetic testing, forensic DNA identification, trial and jury tactics, bankruptcy fraud, lender liability, legal ethics, and bioethics.

Professor Gabel is also a frequent contributor of opinion pieces for various publications. In addition to being the author of a treatise titled The Law of Lender Liability, she is co-author of the Bankruptcy Appeals Manual, published by the American Bankruptcy Institute. In 2009, she received the American Bar Association’s Kathryn R. Heidt Memorial Award for her service, scholarship and practice, and in 2010 received a publication award from the American Bankruptcy Institute.

Professor Gabel consults on various criminal and bankruptcy matters and has engaged in numerous pro bono criminal defense representations.  Recently, she successfully appealed a wrongful conviction and death sentence in Mississippi, resulting in her client’s freedom.
avatar for Sandy Karlan
Sandy Karlan

Sandy Karlan is certified by The Florida Supreme Court as a family court mediator and is board certified by The Florida Bar in Marital and Family Law.  She is the author of a chapter on Bankruptcy for the Matthew Bender six-volume series on Florida Family Law and is currently a commentator on bankruptcy law for The Florida Family Law Reporter published by Matthew Bender.  She has also written numerous articles and lectured on bankruptcy and family law, and is regularly invited to teach at Judicial College.

Sandy Karlan was appointed by Governor Lawton Chiles to the Circuit Court in the Eleventh Judicial Circuit Court of Miami-Dade County where she served for almost 20 years until December 2014. During that time, she also served as the Administrative Judge of the Family Division. As Administrative Judge of the Eleventh Judicial Circuit’s Family Division, Sandy Karlan was responsible for projects including coordination between the Court and Department of Revenue regarding child support matters.  She also helped to develop KidSide, Inc., a 501(c)(3) organization dedicated to providing funding for Family Court Services.

For several years, Sandy Karlan was a member of the Florida Supreme Court’s Family Court Steering Committee, which developed the model family court and the Florida Supreme Court adopted the model in May 2001.  She was Chair of the Florida Bar Commission on the Legal Needs of Children, which studied the needs of children who appear in all divisions of Florida courts and produced a comprehensive report documenting the unmet legal needs of children, including recommendations to meet those needs in areas such as representation and confidentiality.  That report provided a blueprint for changes that have subsequently been implemented.

Her recent appointment, as a member of the Florida Children and Youth Cabinet was made by Governor Rick Scott. The Cabinet’s statutory purpose is to ensure that services for children and youth are coordinated between state agencies and delivered to improve the quality of life for Florida’s children.

Sandy Karlan received her Juris Doctor degree in 1978 with honors from the Shepard Broad Law Center at Nova Southeastern University.  In private practice for 17 years, she specialized in bankruptcy and family law.

Sandy Karlan received numerous awards throughout her career including the Greater Miami Jewish Federation Community Service Award and Legal Services of Greater Miami has created the Judge Sandy Karlan Law Student Fellowship in her honor.  She is currently a board member and past President of the Florida Chapter of the Association of Family & Conciliation Courts (FLAFCC) and a member of the International Women’s Forum.

 

Bankruptcy News Briefs 8/19

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News Leading Into The Weekend…

Bank Card Default Rates Decline in July

Industry Gets Favorable Ruling in Debt Collection Envelope Case

Court Denies Professional TCPA Plaintiff’s Request to Amend Prior Judgment and Remand Case to State Court

Georgia District Court Dismisses TCPA Claim Due To Human Intervention

Consumer Groups Urge the Department of Energy to Strengthen Protections for Homeowners in Best Practice Guidelines

Fighting Back Against the Fine Print

CFPB Responds to Senate Letter on Tailored Regs

Finally A Clear Ruling On A Much Needed Bankruptcy Preference Defense

CFPB Finally Adopts Amendments To Its Mortgage Servicing Rules

Consequences Of The Millennial/Debt Relationship

Federal Court: OC’s Hounding of Mom for Son’s Juvie Detention Debt “Disturbing”

UPCOMING WEBINARS

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7 Keys to Building a Referral-based Law Firm
DATE: Thursday, September 14, 2016, 3:00 PM EST / 12:00 PM PST
COST: FREE for NACBA Members
PRESENTER: Stephen Fairley, CEO, The Rainmaker Institute
REGISTER: HERE

Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems
with Non-Bankruptcy Causes of Action
DATE: Thursday, September 22, 2016 – 3:00 PM EST / 12:00 PM PST
COST: $25 NACBA Member, $75 Non-Member
PRESENTERS:
Judge Paul W. Bonapfel, Northern District of Georgia
J. Erik Heath, Esq., Consumer Bankruptcy Attorney, San Francisco, CA
John Rao, Esq., National Consumer Law Center, Inc.
REGISTER: HERE

GET READY TO SET SAIL!

Enter to Win!

Deadline August 26th!

Free Registration to NACBA’s 2016 Fall Workshop Members-Only Cruise (Miami, FL – Nassau, Bahamas)

October 6-10, 2016

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Visit the NACBA Facebook page and enter to Win a Free Registration to the Fall Workshop Members Only CruiseJust LIKE the Post & SHARE on your page for a chance of winning one (1) FREE Registration (total value $594) to NACBA’s 2016 Fall Workshop Members Only Cruise (Miami, FL – Nassau, Bahamas), October 6-10, 2016. This prize package includes registration to the Pre-Cruise Tax Session.

Contest Expires August 26th, 2016 Winner Announced August 29th, 2016 . Non-Transferable. One (1) winner selected. Current Membership in NACBA Required. Good luck!

SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 8/18

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Take a Look at These Headlines…

New York Fed: Consumer Spending Growth ‘Robust’ in June

DOR Collection Violates Confirmation Order

NCLC and 39 Others Urge Department of Education to Address Racial Disparities in Student Loans

Judge Cites “Zone of Interests” Protections, Dismisses “Nomorobo” TCPA Lawsuit

Mystery Shoppers’ for Home Loans: CFPB Uses Undercover Techniques on Bank

Group Challenges CFPB Arbitration Rule As ‘Arbitrary’ And Unsupported By Data

CFPB Proposed Arbitration Rules Vital to Consumers: Pew Research

Over Four Hundred Years of Law on Fraudulent Transfers, Flushed Down the Drain

UPCOMING WEBINARS

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Register for Today’s Webinar!

CFPB Proposed Rule on Payday & Car Title Lending
DATE: Thursday, August 18, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTERS:
Ms. Ellen Harnick, Senior Policy Counsel & Western States Director, CRL
Ms. Lisa Stifler, Deputy Director of State Policy, CRL
REGISTER HERE

Payday lenders purposefully ensnare people in debt they can’t escape. Payday and car title lenders drain more than $8 billion in fees annually. They collect 75 percent of their fees from people stuck in more than 10 loans a year by charging 300 percent APR. It’s a debt trap. Payday loan borrowers are more likely to fall behind on other bills and to file for bankruptcy.

In June, the CFPB proposed new rules to address the payday car title lending debt trap. Learn from experts at the Center for Responsible Lending about the payday loan debt trap, the proposed regulations, and how you can take action to strengthen the proposed rule.

7 Keys to Building a Referral-based Law Firm
DATE: Thursday, September 14, 2016, 3:00 PM EST / 12:00 PM PST
COST: FREE for NACBA Members
PRESENTER: Stephen Fairley, CEO, The Rainmaker Institute
REGISTER: HERE

Every attorney wants a referral-based practice, but most attorneys struggle to consistently get enough referrals. We have uncovered the secrets of referrals and will teach you:

  • The 3 biggest reasons why you’re not getting more referrals…and what to do about it
  • Creating a plan to double your referrals in the next 6 months
  • The 4 most commonly overlooked places to increase your referrals

Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems
with Non-Bankruptcy Causes of Action
DATE: Thursday, September 22, 2016 – 3:00 PM EST / 12:00 PM PST
COST: $25 NACBA Member, $75 Non-Member
PRESENTERS:
Judge Paul W. Bonapfel, Northern District of Georgia
J. Erik Heath, Esq., Consumer Bankruptcy Attorney, San Francisco, CA
John Rao, Esq., National Consumer Law Center, Inc.
REGISTER: HERE

GET READY TO SET SAIL!

Enter to Win!

Free Registration to NACBA’s 2016 Fall Workshop Members-Only Cruise (Miami, FL – Nassau, Bahamas)

October 6-10, 2016

Sail-Away-1024x551 (1)

Visit the NACBA Facebook page and enter to Win a Free Registration to the Fall Workshop Members Only CruiseJust LIKE the Post & SHARE on your page for a chance of winning one (1) FREE Registration (total value $594) to NACBA’s 2016 Fall Workshop Members Only Cruise (Miami, FL – Nassau, Bahamas), October 6-10, 2016. This prize package includes registration to the Pre-Cruise Tax Session.

Contest Expires August 26th, 2016 Winner Announced August 29th, 2016 . Non-Transferable. One (1) winner selected. Current Membership in NACBA Required. Good luck!

SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 8/17

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Midweek News…

Credit Card Use and Debt Increase Among Consumers

District Court Rules in Favor of Bank in Mandatory Arbitration Case

CFPB Happy to Remind You Compliance Is Everyone’s Responsibility

CFPB Finds Support for Arbitration Clause Ban

House defeats amendment to 2017 appropriations bill striking requirements for CFPB arbitration rule

Critics say proposals may curb access to credit. Let’s hope so.

Student loan borrowers are paying for free services

Could Face-Time With Borrowers Help Reduce the Student Loan Crisis?

UPCOMING WEBINARS

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Don’t Miss This Webinar Tomorrow!

CFPB Proposed Rule on Payday & Car Title Lending
DATE: Thursday, August 18, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTERS:
Ms. Ellen Harnick, Senior Policy Counsel & Western States Director, CRL
Ms. Lisa Stifler, Deputy Director of State Policy, CRL
REGISTER HERE

Payday lenders purposefully ensnare people in debt they can’t escape. Payday and car title lenders drain more than $8 billion in fees annually. They collect 75 percent of their fees from people stuck in more than 10 loans a year by charging 300 percent APR. It’s a debt trap. Payday loan borrowers are more likely to fall behind on other bills and to file for bankruptcy.

In June, the CFPB proposed new rules to address the payday car title lending debt trap. Learn from experts at the Center for Responsible Lending about the payday loan debt trap, the proposed regulations, and how you can take action to strengthen the proposed rule.

7 Keys to Building a Referral-based Law Firm
DATE: Thursday, September 14, 2016, 3:00 PM EST / 12:00 PM PST
COST: FREE for NACBA Members
PRESENTER: Stephen Fairley, CEO, The Rainmaker Institute
REGISTER: HERE

Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems
with Non-Bankruptcy Causes of Action
DATE: Thursday, September 22, 2016 – 3:00 PM EST / 12:00 PM PST
COST: $25 NACBA Member, $75 Non-Member
PRESENTERS:
Judge Paul W. Bonapfel, Northern District of Georgia
J. Erik Heath, Esq., Consumer Bankruptcy Attorney, San Francisco, CA
John Rao, Esq., National Consumer Law Center, Inc.
REGISTER: HERE

 

GET READY TO SET SAIL!

Enter to Win!

Free Registration to NACBA’s 2016 Fall Workshop Members-Only Cruise (Miami, FL – Nassau, Bahamas)

October 6-10, 2016

Sail-Away-1024x551 (1)

Visit the NACBA Facebook page and enter to Win a Free Registration to the Fall Workshop Members Only CruiseJust LIKE the Post & SHARE on your page for a chance of winning one (1) FREE Registration (total value $594) to NACBA’s 2016 Fall Workshop Members Only Cruise (Miami, FL – Nassau, Bahamas), October 6-10, 2016. This prize package includes registration to the Pre-Cruise Tax Session.

Contest Expires August 26th, 2016 Winner Announced August 29th, 2016 . Non-Transferable. One (1) winner selected. Current Membership in NACBA Required. Good luck!

SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!