Author: cherewill

Bankruptcy News Briefs 2/9

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Forced Vesting Does Not Satisfy Confirmation Requirements

House Financial Services Committee Approves Oversight Plan for 115th Congress

FCC Chairman Ajit Pai Announces Additional Process Reform Measures

Consumer Borrowing Rises at Slowest Pace Since 2013

Bankruptcy Filings Increase Year-Over-Year

Unexpected CFPB Move; Release of Yelp-Style Rating Plan

CFPB’s Consumer Complaint Database Could Go Away

CFPB: Debt Collection Tops Consumer Complaints for December

Court Rules 125 Calls in 135 Days is Not FDCPA Violation

U.S. Economic Collapse Looms as Bankruptcy & Debt Rise, Savings Plunge

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!

Renew Your NACBA Membership

We want you to have access and the member rate to all of NACBA’s exciting upcoming events in 2017, especially our 25 year celebration at the Annual Convention. Take a moment today to Renew your membership or if your not a member of NACBA there is no better time to Join!

Bankruptcy News Briefs 2/8

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How President Trump could gut America’s consumer watchdog

The CFPB Keeps a Database That Banks Can’t Wait to Wipe

Tom Pahl Named Acting Director FTC Bureau of Consumer Protection

The NBCSL Calls For DebCollection Reform

Growth in Consumer Borrowing Slowed in December

Spokeo-Based Challenge to TCPA Lawsuit Denied by Illinois Federal Court

Trump can vastly affect student loan debt with these possible changes

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!

Renew Your NACBA Membership

We want you to have access and the member rate to all of NACBA’s exciting upcoming events in 2017, especially our 25 year celebration at the Annual Convention. Take a moment today to Renew your membership or if your not a member of NACBA there is no better time to Join!

Bankruptcy News Briefs 2/7

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FTC Announces Director of Consumer Protection Bureau Jessica Rich Will Step Down

Consumer and Collector Groups Work Together to Offer Spanish Version of Free Consumer Guide to Responding to Legitimate Debt Collectors, Avoiding Scams

Senate Bill Proposes 5-Member Board Structure For CFPB

Prepaid-Card Companies May Get Reprieve on CFPB Rule

Hunt & Henriques Inc. alleged to have violated debt collection laws

Ninth Circuit: Trustees Are Not “Debt Collectors” Under the FDCPA

Health Care Costs Number One Cause of Bankruptcy for American Families

Consumer alleges inaccurate credit reporting following bankruptcy

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!

Renew Your NACBA Membership

We want you to have access and the member rate to all of NACBA’s exciting upcoming events in 2017, especially our 25 year celebration at the Annual Convention. Take a moment today to Renew your membership or if your not a member of NACBA there is no better time to Join!

#NACBA25 Highlight

nacba25-highlight

Do you enjoy a challenge? Then #NACBA25 will not disappoint you! Our convention planning committee has scheduled  advanced topics presented by distinguished speakers to challenge and inform even the most seasoned bankruptcy practitioner. Here’s a look at the Advanced Topics that you’ll have the opportunity to attend:

  • Regulation X & Z Enforcement: New Tools for Consumer Attorneys:  Provides an overview of federal Regulation X and Regulation Z and demonstrates how these laws can empower consumers and their counsel. The presentation outlines specific errors prohibited by these regulations. Presenters will walk participants through examples of actual Requests for Information and Notices of Error used daily by The Dann Law Firm.
  • Getting Paid Hourly Fee vs. No Look Fees:  This panel will discuss when to use the “No-Look” fees and when not to, how to challenge Court assumptions about fees, and the best strategies to maximize your fees.
  • Know the Codes, Nuances, & Strategies of Taxes in Bankruptcy: A deep dive look into the complexities of taxes in bankruptcy.
  • Student Loans in Chapter 13:This panel will explore means of combining alternative,  non-bankruptcy relief, including claims objections, administrative discharges and income driven repayment plans with your Chapter 13 practice to provide additional assistance for your clients and additional sources of revenue for attorneys.

Take a look at the full  Schedule and start planning your days at #NACBA25!

Bankruptcy News Briefs 2/6

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Supreme Court Nominee Could Impact CFPB Case Decisions

President Donald Trump Unveils Extensive Review of Dodd-Frank Act

Former Counsel Offers Opinion on CFPB Structure, While D.C. Court Denies AG Group’s Bid to Intervene

Colorado Holds Hearing on Whether to Sunset Its Fair Debt Collection Practices Act

FCC Must Resist Industry Pressure to Unleash Incessant Robocalls to Student Loan Borrowers and Their Relatives and Neighbors

Cross-Collateralized Loans May Be Crammed Down

Fewer Americans Now Expect to Die in Debt

Student debt now affects a staggering number of elderly Americans

Letter Asking Consumer to Consider Payment Arrangements and Requiring Signed Consent Judgment Deemed FDCPA Violation

FCC Should Suspend Online Privacy Rules

Trump’s F.C.C. Pick Quickly Targets Net Neutrality Rules

ABI: January Total Bankruptcy Filings Up 5% from 2016

The rising cost of college loans for retirees

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!

Renew Your NACBA Membership

We want you to have access and the member rate to all of NACBA’s exciting upcoming events in 2017, especially our 25 year celebration at the Annual Convention. Take a moment today to Renew your membership or if your not a member of NACBA there is no better time to Join!

#NACBA Highlight

discharging-taxes-in-bankruptcy

Get Back to Basics!

Attend the “Discharging Taxes in Bankruptcy” Session!

Join Alex Dolhancyk, William Brewer, and Ray Schimmel as they cover the basics for determining the dischargeability of taxes in bankruptcy along with a short demonstration on how to read a tax transcript.  This session will include:
  • An overview on classifying tax liabilities
  • A review of tax filing requirements
  • The impact of tolling events

You can catch, “Discharging Taxes in Bankruptcy,” on Friday, May 5th from 2:30 PM- 3:45 PM.

Meet Your Presenters

avatar for Alex Dolhancyk

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.

 

avatar for William Brewer

William E. Brewer, Jr.

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.

avatar for Ray Schimmel

Raymond Schimmel

Raymond Schimmel has been licensed as an attorney in California since 1997.He has also held a CPA license in Colorado since 1992.He has filed over 1,000 consumer bankruptcy cases under Chapter 7 and Chapter 13 in the San Diego bankruptcy court and has been devoted to the bankruptcy practice area for the last fourteen years.He currently serves as the Southern California State Chair for the National Association of Consumer Bankruptcy Attorneys.He has been a contributor to Business Week Magazine and has been quoted in articles about toxic mortgages, credit card debt, and bankruptcy.Raymond Schimmel holds a law degree from the University of San Diego (USD) School of Law where he graduated in 1996.   At  USD School of Law he served as Assistant Editor for the Journal of Contemporary Legal Issues.He also holds a post-doctoral masters degree in taxation from USD School of law (LL.M.) 1998 and a masters in financial accounting from San Diego State University (SDSU) 1992.He graduated from college at SDSU and holds a bachelors degree in finance (1988).

Register Today and Celebrate Years of NACBA!

Welcome From NACBA’s President Jim Haller

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Jim Haller

Dear Members of NACBA,

Together with my colleagues on the NACBA Board of Directors, I wish you a very happy, healthy and prosperous 2017!

I am honored and privileged to assume the role of President of NACBA. I am deeply grateful to my predecessor, Ed Boltz, for his leadership and outstanding contributions to NACBA during his presidency. Ed led NACBA for the past four years through many difficult challenges, including the search for our Executive Director (Dan LaBert). For an extended period, Ed volunteered as and performed the work of both President and Executive Director, all while maintaining his own law practice. We owe him a debt of gratitude. Though his time as President may be over, his volunteer activity will continue. I have appointed Ed to serve as Co-Chair of NACBA’s Legislative Committee.

While 2016 was a challenging year, NACBA emerged stronger than it was in 2015. NACBA has addressed various technology issues to ease and encourage your engagement with the organization. From the new Communities platform to the Consumer Bankruptcy Journal to the Virtual Fall Workshop to increased Membership Benefits (professional liability insurance), the opportunities for ROI on your membership investment are abundant.

NACBA is in the process of creating additional committee opportunities. The more members who become involved, the higher the odds to impact change. Look for invitations to join various committees throughout this year. This is an area of priority for my time as President.

We had a professional and financial setback last Fall when our 2016 Workshop was cancelled due to Hurricane Matthew. The #1 priority will always be the safety of our membership. Despite the significant impact, all members were refunded their registration fees. Those who booked their cabins through NACBA also had their fees returned. Thanks to successful negotiations with Royal Caribbean, we have a credit with the cruise line for a future (2017-18) cruise workshop.

NACBA’s strength comes directly from the many contributions of our membership. Our members regularly offer their comments to our robust list serve and community platform, volunteer as presenters on webinars and seminars, and assist on briefs to the courts and communications with their federal and state representatives. We have members who dedicate a significant amount of time volunteering in many areas. This is truly an active organization with members who care deeply about our core principles: Educate, Advocate and Litigate.

2017 marks NACBA’s 25th Anniversary. In addition to an exciting convention (Silver Anniversary celebration) May 4-7, with ADVANCED Topics and more social events being planned in Orlando, Florida, this year will be extremely important for us to INCREASE our advocacy efforts with elected representatives about issues that affect our clients, including student loans, predatory lending and potential changes to the Bankruptcy Code. High priority will also be placed on identifying new and continued ways to further support the Amicus Brief efforts of NCBRC. Either via the Judicial system or the Legislative system, only an engaged membership can break through the gridlock and bring positive change on behalf of the needs of consumer debtors in bankruptcy.

I am confident that, together, we will successfully address upcoming challenges. We have a strong and dedicated Board of Directors. Our NACBA staff, including Executive Director Dan LaBert and Director of Events Rachael Hodgen, is the best in the country. Our membership includes more engaged members than any bar association – period. Together we will make 2017 our finest year.

Yours sincerely,

Jim Haller
President

Bankruptcy News Briefs 2/3

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BREAKING: Federal Appeals Court Refuses to Let Democrat AGs and Consumer Groups Intervene in CFPB’s Constitutionality Case

Legislation to Reform Leadership Structure at CFPB Returns in 115th Congress

FCC Chairman Ajit Pai Announces Pilot Program to Improve Transparency

9th Circuit Rejects “Worthless” Settlement in FDCPA Voicemail Case Where Message Left Was Similar to One Proposed by CFPB

Woman claims debt collector continued to contact her after alleged debt was discharged

Illinois sues major student loan providers, alleges consumer fraud

If your spouse dies, you have to pay their medical debt, little-known state law says

Dodd-Frank’s Bankruptcy Provision Could Be a Trump Target

Most Consumers Still Debt Shy: Filene

Students need bankruptcy protection from crushing loans

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!

Renew Your NACBA Membership

We want you to have access and the member rate to all of NACBA’s exciting upcoming events in 2017, especially our 25 year celebration at the Annual Convention. Take a moment today to Renew your membership or if your not a member of NACBA there is no better time to Join!

Bankruptcy News Briefs 2/2

nacba25

Senate Republicans unveil bill to replace CFPB director with committee

1st Cir. Holds IRS 1099-A Forms Did Not Violate Discharge Injunction

Letter Asking Consumer to Consider Payment Arrangements and Requiring Signed Consent Judgment Deemed FDCPA Violation

PHH Files Supplemental Response to CFPB’s Rehearing petition; Opposes State AGs’ Motion to Intervene

Supreme Court pick could spell trouble for the CFPB

CFPB fines Mastercard, UniRush $13M for service failures

Debt collector pleads guilty to defrauding Lee, Collier HOAs

Arbitration Enforcement? The Potential Expansion of Debt Collection

It’s A Deficiency Decree, Not A Consumer Debt: FCCPA Does Not Apply To Actions For Deficiency

Consumer groups: Protect robocall limits on student debt collectors

Wisconsin bankruptcy filings lowest in nine years

Economist Presents Market Outlook, Good News on Consumer Spending Trends

Why some are worried student loan borrowers may get a flood of robocalls under Trump

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!

Renew Your NACBA Membership

We want you to have access and the member rate to all of NACBA’s exciting upcoming events in 2017, especially our 25 year celebration at the Annual Convention. Take a moment today to Renew your membership or if your not a member of NACBA there is no better time to Join!

 

Bankruptcy News Briefs 2/1

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PHH Files Supplemental Response to CFPB’s Rehearing petition; Opposes State AGs’ Motion to Intervene

Bankruptcy Filings Fall 5.9%, Reach Lowest Level Since 2006

NCBRC’s Year in Review

The CFPB Announces Plans to Upgrade its Company Portal for Consumer Complaints

CFPB orders Prospect Mortgage to pay $3.5 million for improper mortgage referrals

Is CFPB Subject to Trump Executive Orders? No Easy Answer

Victim of identity theft is harassed by debt collector: Money Matters

About half of consumers emotionally overspend, survey finds

Consumer groups urge new FCC chairman not to reverse robo-call limits for student debt collectors

Pennsylvania Judge Rules in Favor of Law Firm, Notes that Evidence Matters

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!

Renew Your NACBA Membership

We want you to have access and the member rate to all of NACBA’s exciting upcoming events in 2017, especially our 25 year celebration at the Annual Convention. Take a moment today to Renew your membership or if your not a member of NACBA there is no better time to Join!