Author: cherewill

Bankruptcy News Briefs 4/4

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!

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! Last Day to Renew for March to Be Entered Into the Giveaway!

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

10 Very Good Reasons Why You Should Attend #NACBA25!

There are too many reasons for us to list on why you should attend NACBA’s 25th Annual Convention, but we’ve come up with 10 very good and even fun reasons why you should be at the magnificent Walt Disney World Dolphin Hotel, May 4th-7th in Orlando, Florida!

Awesome Keynote Speakers: NACBA is bringing you incredible Keynote Speakers such as national legal evidence expert, Professor Edward Imwinkelried, best selling author Ross Bernstein, award winning filmmaker, Billy Corben, and senior columnist for the Daily Beast, CNN political commentator and author, Matt K. Lewis.
Continuing Legal Education Credits: With past NACBA Conventions being approved for over 20 credit hours (including ethics) in all 50 states and Puerto Rico, NACBA’s 25th Annual Convention is your one stop, professional development, legal education event that satisfies most, if not all, CLE compliance periods.
Pre-Convention Sessions: Start your learning early with not one but two pre-convention sessions! You can register for either NACBA’s Student Loan Workshop or FDCPA: Extreme!
It’s a Family Affair! Bring the whole family to enjoy the most magical place on earth! We have you covered with discounted Disney Park, Universal Studios and Sea World Tickets! Your kids will absolutely love this quick getaway!
Engage with Colleagues in NACBA’s Circuit Meetings: New this year, NACBA will host individual circuit meetings for sharing of ideas and the latest “round-up” of what is taking place in the circuit where you practice.
Mickie and Minnie: NACBA has finalized a special photo session during the convention with Mickey and Minnie Mouse. Why stand in line at the parks to meet characters? NACBA has arranged a commemorative photo opportunity for convention attendees and their families included with registration.
The NACBA25 Lineup: This year’s convention schedule is chock-full of stellar expert speakers who will capture your attention with timely and advanced topics. Even the most seasoned bankruptcy attorney will be challenged.
An Abbreviated Saturday Schedule: Given the location and that many attendees may include family, the committee planned an abbreviated schedule on Saturday, May 6th so attendees could take in the Walt Disney World parks and surrounding Orlando area without missing valuable CLE seminars.
Access to Playback NACBA: Through the P laybackNACBA website, bankruptcy attorneys are able to watch presentations that they were unable to attend the week of May 8, 2017.
Celebrate 25 years of NACBA!Last, but certainly not least you are cordially invited to attend a special #NACBA25 Anniversary Party on Friday, May 5th (6 PM-9 PM) that will include a live concert, food trucks, desserts and perhaps some Disney magic. If no magic, we may just open the bar! This is our way of thanking your for your membership and support for the past 25 years!

Can you think of a reason not to attend?

Register today, if you haven’t already and get ready for what’s promised to be one of NACBA’s most memorable conferences to date!

Dig Into The Spring Edition of NACBA’s Consumer Bankruptcy Journal!

This weekend spring into the new edition of NACBA’s Consumer Bankruptcy Journal. The Journal kicks off with a letter from our new President, Jim Haller, Esq. who talks about our challenges, strengths and the important advocacy role NACBA will take in 2017 in the current and ever changing political climate. Then dive into the many relevant articles that keep you updated on bankruptcy issues and speaks personally to you as a consumer bankruptcy attorney.

Here’s a glimpse of the articles you can dive into in this spring edition of the Consumer Bankruptcy Journal:

Counseling Bankruptcy Clients About Guilt and Debt
Navigating the Late Tax Return Problem
What to Expect From Justice to Be- Gorsuch
Why Are Lawyers So Afraid to Ask for Help?
President Trump Is Right:Student Loan Debt an ‘Albatross’ on Family, Young People

There’s so much more so kick back and take some time to read the Consumer Bankruptcy Journal!

Bankruptcy News Briefs 3/31

Appeals Court Affirms Ruling Against Debt Buyer for Misleading Out-of-Stat Collection Letter

Trump’s DOJ Ditches Defense of CFPB

FTC Returns Funds to Debt Collection Scheme Victims

Student Loan Forgiveness Program Approval Letters May Be Invalid, Education Dept. Says

CFPB Head Discusses Dodd-Frank

Student Loan Debt Collectors Not Eager To Charge Fees Reinstated By Trump Administration

The IRS Has Hired A Debt Collector That Is Being Sued By The Government

Consumer sues Indiana debt collector

Trump’s Student Loan Default Penalty Has an Unlikely Foe

Unemployment Benefits Included as Income in Ch. 13 Plan

Creditor’s Accurate Post-Petition, Pre-Discharge Report to Credit Reporting Agency of Outstanding Balance did Not Violate Stay

Incarcerated Man Not Eligible for Chapter 13 Bankruptcy

Chapter 13 Debtor Can Keep Income Tax Refund

Upcoming NACBA Events

nacba25

Receive a $25 Amazon Gift Card!

NACBA Membership Promotion! Last Day to Renew for March to Be Entered Into the Giveaway!

Bankruptcy News Briefs 3/30

Court Rules Debt Buyer’s Small Claims Court Judgment Waived Right to Arbitration in Class Action Suit

Mere Retention of Property Does Not Support Stay Violation

What is the most likely outcome for the CFPB?

Nationstar’s “Soft Pulls” of Discharged Debtor’s Credit Reports did Not Violate FCRA where Servicer had Legitimate Need to Pull Report

CFPB Reports Consumers Complain About Disputed Credit Card Charges

Debt Collection Complaints Surge Compared to Early 2016

Senate Judiciary Committee Passes Private Student Loan Debt Bill

Student loan defaults might add up to more debt

Bankruptcy Beat: New York Bankruptcy Court Prohibits Stripping of Mortgage Lien Against Debtor’s Multi-Family Residential Real Estate, Setting Up Split of Authority With District of Connecticut

Bank of America ordered to pay $46 million for foreclosure tactics used against Lincoln couple

Upcoming NACBA Events

nacba25

Receive a $25 Amazon Gift Card!

NACBA Membership Promotion!

Bankruptcy News Briefs 3/29

CFPB Quietly Issues 2017 FDCPA Report to Congress

E-ZPass Collector Wins Dismissal; Court Rules Tolls Not Debts Under FDCPA

CFPB: Credit Card Complaints Focus Most Often on Billing, Fraud

Caddis Funding accused of violating debt collection laws

When Trustee Abandoned Debtor’s Home, he also Abandoned the Proceeds from Post-Petition Foreclosure Sale of Debtor’s Home

JPMorgan Chase’s head economist sees bright outlook for consumers

Wells Fargo Strikes $110M Settlement Deal in Fake Accounts Cases

Can a Creditor’s Inaction Violate the Automatic Stay?

Credit Reporting Remains a High Priority for the CFPB

Upcoming NACBA Events

nacba25

Receive a $25 Amazon Gift Card!

NACBA Membership Promotion!

Bankruptcy News Briefs 3/28

Financial Fragility of U.S. Households in Latest Fed Survey Remains Neutral

Court Erroneously Requires that Exemption Attach to Equity

Dems working with GOP on consumer bureau revamp

Trump Administration Continues To Indicate Tide Change Away From Support Of The CFPB

CO lawmakers want to give consumers more protection against “zombie-debt” collectors

State AGs Ask Supreme Court to Spark Major Expansion to Scope of Federal Debt Collection Law

Defaulting on some student loans gets more costly

Bank of America ordered to pay $46 million to Lincoln couple for wrongful foreclosure

Consumer Confidence Doesn’t Reflect Facts

“Singular” Cases on Nondischarge and Dischargeability

Upcoming NACBA Events

nacba25

Receive a $25 Amazon Gift Card!

NACBA Membership Promotion!

NACBA25 Highlight

Take a Step In the Right Direction!

Join this panel of four as they discuss some of the most common ethics missteps that attorneys make in representing clients in consumer bankruptcy cases. In a top-10 format reminiscent of old David Letterman skits, the goal of this session is to interject humor into a serious discussion of ethics.

Moderator

Alex Dolhancyk

With over 27 years of experience, attorney Alex Dolhancyk offers valuable insight into consumer bankruptcy cases. He is the current Georgia state chair for the National Association of Consumer Bankruptcy Attorneys (NACBA); is Board Certified in Consumer Bankruptcy Law by the American Board of Certification; and holds an LL.M (Master of Laws) in International Business Law from Emory University School of Law.

Attorney Dolhancyk has numerous reported bankruptcy cases, including Whaley v. Tennyson, 611 F.3d 873, (11th Cir. 2010), where he argued on behalf of the debtor. He is also a member/advisor on the Bench and Bar Committee for the Bankruptcy Court in the Northern District of Georgia.

He received his B.A. from the University of Tennessee which he attended on a full basketball scholarship through an administrative error. He received his J.D. from Memphis State University (now University of Memphis) and is admitted to practice in the United States Supreme Court, 6th and 11th Circuits, and in Georgia, Tennessee, and New York, and is occasionally allowed in the kitchen.

Your Panel of Experts

William Brewer

William E. Brewer, Jr. practices law with The Brewer Law Firm in Raleigh, NC. He graduated from the University of North Carolina, Chapel Hill with an A.B. in Economics in 1973 and a J.D. with Honors in 1976. He is certified as a specialist in consumer bankruptcy law by the North Carolina State Bar . Billy began his term as NACBA’s president in 2011 and has served as a director since 1997. He has served as a popular panelist at NACBA’s previous conventions and is noted for his sense of humor. Mr. Brewer was inducted as a Fellow into the American College of Bankruptcy in 2009.

Gary Fraley

Mr. Fraley is the owner and founder of Fraley & Fraley Sacramento Bankruptcy Attorneys. As a practicing bankruptcy law attorney with over 37 years experience, he has filed thousands of successful bankruptcy cases.He is one of only about 154 attorneys in California that is Certified by the State Bar Board of Legal Specialization as a Bankruptcy Law Specialist. That State Bar Certification as a bankruptcy Law Specialist is held by only about 1/20 of 1 percent of all California bankruptcy attorneys. Gary Fraley is also one of the longest practicing Bankruptcy Law Specialists in the state of California.He has been teaching bankruptcy law issues and practice pointers to bankruptcy attorneys for many years. He grew up in Needles, California. He is a 1974 graduate of University of Southern California with a Bachelor’s Degree in Political Science. Mr. Fraley graduated from the University of Los Angeles School of Law in 1977.

Nancy B. Rapoport

Nancy B. Rapoport is the Special Counsel to the President of the University of Nevada, Las Vegas. She is also the Garman Turner Gordon Professor of Law at the William S. Boyd School of Law, University of Nevada, Las Vegas, and is an Affiliate Professor of Business Law and Ethics in the Lee Business School at UNLV. Her specialties are bankruptcy ethics, ethics in governance, law firm behavior, and the depiction of lawyers in popular culture. She is admitted to the bars of the states of California, Ohio, Nebraska, Texas, and Nevada and of the United States Supreme Court. In 2001, she was elected to membership in the American Law Institute, and in 2002, she received a Distinguished Alumna Award from Rice University. She is also a Fellow of the American Bar Foundation and a Fellow of the American College of Bankruptcy.

Don’t Miss Celebrating 25 Years of NACBA!

Bankruptcy News Briefs 3/27

Out of Stat Debt Case Offers Three Lessons to Collectors

FTC Settles With Collector Over Multiple Alleged FDCPA Violations

TCPA Defendant Settles Class Claims on Individual Basis Following Counterclaims for Harassment and Racketeering

Court Issues $45m Punitive Damages Award Against BofA

Chapter 13 Debtor’s Complaint Stated a Claim that Bank was Bound by Confirmed Plan

Send The Prepaid Card Rule To The Shredder

State AGs Ask Supreme Court to Spark Major Expansion to Scope of Federal Debt Collection Law

Six Graphs that Reveal Big Problems for Student and Auto Loans

Residents in these 10 states have the highest average credit card debt

Don’t Sleep on the Trump Administration and Student Loans

Judge Limits Retirement Funding in Chapter 13 Plan

Upcoming NACBA Events

nacba25

Receive a $25 Amazon Gift Card!

NACBA Membership Promotion!

NACBA25 Highlight

Another Awesome Session at NACBA25!

This panel consisting of Sarah Bolling Mancini, Michelle Kainen with moderator Greta LaMountain Biagi will delve into the most recent case law enforcing and interpreting Rule 3002.1 to deal with mortgage cure issues, including the PHH Mortgage decision (litigated by panelist Michelle Kainen) in which the Bankruptcy Court of Vermont imposed a $375,000 sanction for the creditor’s repeated failure to comply with Rule 3002.1 in three chapter 13 cases. We will also discuss recent cases in which chapter 13 trustees have sought denial of the discharge based on post-petition mortgage payment defaults identified through Rule 3002.1 notices. The panel will also highlight recent (and proposed) changes to the rule.

Presenters

Michelle Kainen

Michelle Kainen was admitted to practice in Vermont in 2003 and in New Hampshire in 2008. Michelle has been a solo practitioner since 2007. She practices in the areas of tax, criminal defense and bankruptcy law (debtor representation). Michelle received her B.A. in Psychology from San Diego State University. Michelle received her Masters Degrees in Social Work and Accounting also from San Diego State University. She completed Vermont’s Four-Year Law Office Study Program in lieu of a traditional law school program. From 2008 – 2012 Michelle served as the chairperson of the Bankruptcy Section of the Vermont Bar Association. She is the NACBA State Chairperson for Vermont. Michelle also teaches Accounting and Psychology courses at the Community College of Vermont. Michelle has a number of published decisions on pivotal issues impacting the rights of debtors in bankruptcy.

Sarah Bolling Mancini

Sarah Bolling Mancini is Of Counsel for NCLC half-time, focusing on foreclosures and mortgage lending, and works half-time as an attorney in the Home Defense Program of Atlanta Legal Aid. She has experience representing homeowners in bankruptcy cases and litigating in state, federal district, and bankruptcy courts. She also clerked for the Honorable Amy Totenberg, U.S. District Court for the Northern District of Georgia. Sarah is a member of the Georgia Bar. She received her B.A. in public policy from Princeton University and her J.D. from Harvard Law School.

Register for #NACBA25 Today!