Author: cherewill

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

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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

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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!

 

 

#NACBA25 Highlight

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Friday, May 5th

4:15 PM- 5:30 PM

Not all student loan debt is created equal. Enhance your practice by assisting new and past clients with student loan debt. In “Debunked: Dischargeability of Student Loans,” Bethany Lape and Austin Smith explore recent case law that challenges this well-known myth and common scenarios that you will encounter. You will learn how to simplify the process with a new tool in Best Case® Bankruptcy which can help identify next steps using built-in tools and documents. Plus, review the Jurisdictional Scorecard™ to learn the likelihood of discharging student loan debt in your area.

More About Our Presenters:

avatar for Bethany Lape

Bethany Lape

Bethany Lape is the Director of Products at CINgroup and has worked for over ten years to provide products and services for both bankruptcy attorneys and debtors.  The problem of student loan debt has been of particular interest to her, and she has been passionate about developing a tool to help attorneys find solutions for their clients. Bethany believes bankruptcy attorneys will play an essential role in resolving the student loan debt epidemic.

avatar for Austin Smith

Austin Smith

Austin Smith is a litigator who focuses on discharging private student loans in bankruptcy.  Smith’s article, The Misinterpretation of 11 USC 523(a)(8), was foundational in articulating the proper scope and application of the student loan non-dischargeability provision of the Bankruptcy Code, and its arguments and reasoning have been adopted by bankruptcy courts all across the country.  Smith’s work on behalf of debtors has been profiled by the Wall Street Journal, NPR, ABC News, Fox News, The Financial Times, the National Law Journal, the American Bankruptcy Institute, and more.

Register for These Great Sessions & More at NACBA25

Bankruptcy News Briefs 2/17

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CFPB Gets Full Federal Circuit Rehearing in its Constitutionality Case

3 reasons the U.S. could be headed for a fresh debt crisis

Fed Report: Credit Availability and Income Growth Expectations Decline Slightly

GOP Legislators Introduce Companion Bills to Dismantle CFPB

District Court Judge Finds Collection Calls in Medical Case Are “Concrete Injury” Under Spokeo

CFPB Consumer Advisory Board to Discuss Consumer Credit Info, Complaint Database

A Tale of Two CFPBs; How to Move Forward?

Attorneys Found Guilty of Stealing Patient Payments Collected for St. Lukes

FTC sends letter to CFPB on 2016 debt collection activities

NY Fed: US household debt at highest level since 2008

Consumers falling behind on car payments

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!

 

Bankruptcy News Briefs 2/15

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FTC Releases 2016 Highlights Report on Education, Enforcement

Fourth-Quarter Consumer Spending Grows at Solid Pace

Interim Guidance Says 2-for-1 Regulation Rule Doesn’t Apply to CFPB

FTC Announces $700,000 Settlement with Debt Collector

Say goodbye to the controversial CFPB consumer complaint database?

Rep. Jeb Hensarling on CFPB and Dodd-Frank Regulations

FTC Says It Filed 12 Cases Against Illegal Debt Collection Practices In 2016

Repeated automated debt collection calls are a ‘concrete injury’ under Spokeo, federal law, judge says

A Look at the Shocking Student Loan Debt Statistics for 2017

Consumers Are Too Giddy When It Comes to Borrowing

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!

 

Renew Your NACBA Dues For A Chance to Win the NCLC Consumer Bankruptcy Law and Practice Volume I & II!

Renew Your NACBA Membership and Be Entered To Win!

We are so excited about our new membership promotion! When you renew your NACBA Membership from January 2017-July 2017  you will be entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). This is the definitive consumer bankruptcy treatise, updated with the latest case law and changes to the Bankruptcy Code, Forms, Fee Schedules, Rules, and case law written by Henry Sommer, the nation’s leading consumer bankruptcy author, and edited by John Rao, a former member of the federal Judicial Conference Advisory Committee on Bankruptcy Rules. This 11th edition of the NCLC Consumer Bankruptcy Law and Practice Volume I & II is a must have resource for any Consumer Bankruptcy Attorney.

Two winners, will be selected at random, each month including last month, so make sure you update your dues to be entered to win!

 Read what people are saying about this invaluable resource:

-“No bankruptcy practitioner, no matter how experienced, should be without this volume.” —  Sen. Elizabeth Warren, Former Professor of Law, Harvard Law School

-“Consumer Bankruptcy Law and Practice is a must for every counselor and practicing bankruptcy lawyer in the consumer field. I hope practitioners in my court acquaint themselves with this valuable work. —  Judge Marilyn Morgan, U.S. Bankruptcy Court, Northern District of California