Author: cherewill

Bankruptcy News Briefs 9/16

Headlines Leading Into the Weekend…

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Court Rejects McCoy and Sticks with Beard

New York Proposes Extensive Data Security Regs for Financial Services Companies, Begins 45-Day Comment Period

Top Takeaways from CFPB, FTC on How Debt Collectors Can Respond to Investigations

Study: Growing Healthcare Coverage Causes Decline in ‘Substantial’ Costs for Consumers

Massachusetts Appeals Court Addresses Statute of Limitations for Enforcement of Guaranty

Details of 2017 Pennsylvania Tax Amnesty Announced

Wells Fargo Case Unlikely to Prompt Republican Embrace of CFPB

Debt collection companies sued for $10 million over robocalls

Uh-Oh, We’re Racking Up Credit Card Debt Like It’s 2007 Again

The Complicated Truth About Millennials And Credit Cards

REGISTER FOR UPCOMING WEBINARS

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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

Events

NACBA’s  Fall Workshop

EARLY BIRD RATE IS EXTENDED! REGISTER TODAY FOR SAVINGS!

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Pack your bags and set sail for the 2016 NACBA Fall Workshop on October 6th-9th for stellar sessions, excellent presenters, CLE, networking and a little relaxation!  Get all the details and register today!

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

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Register for “Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems with Non-Bankruptcy Causes of Action,” Webinar

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Register for NACBA’s Webinar on September 22nd

Join us for “Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems with Non-Bankruptcy Causes of Action.” Webinar at 3:00 PM EST/12:00 PM PST. 

Not only will this this webinar cover a variety of standing, judicial estoppel and claim preclusion issues and offer practical suggestions for ways to ensure that debtors’ non-bankruptcy causes of action can be litigated. But, there’s more…

One (1) attendee/ registrant will be chosen at random to receive a copy of Chapter 13: Practice And Procedure, 2nd, 2016 Ed.. The new second edition is a guide to virtually everything you need to know about practicing law under Chapter 13 of the Bankruptcy Code. (Value $408)

Just all the more reason to join our presenters, Judge Paul W. Bonapfel, Northern District of Georgia, J. Erik Heath, Esq., Consumer Attorney, San Francisco, CA and John Rao, Esq., National Consumer Law Center, Inc. as they dive into this important subject.

Topics will include debtor’s standing during and after Chapter 7 and 13 cases, determining whether a cause of action is property of the estate, proper scheduling and disclosure of claims including whether a duty exists for post-petition claims in Chapter 13 cases, avoiding and responding to judicial estoppel arguments, plan treatment of prosecution and settlement of litigation, employment and compensation of counsel to litigate debtor’s legal claims, effect of plan confirmation on debtor’s right to bring causes of action post-confirmation; impact of stating an intent to surrender collateral on post-bankruptcy claims and defenses; using waiver and estoppel arguments against mortgage creditors.

If you are unable to attend the live webinar, please register by September 22, 2016 at 2:00 PM Est. to receive the webinar recording, materials (copy of presentation and Non Bankruptcy Causes of Action exert from Chapter 13: Practice And Procedure, 2nd, 2016 Ed) and be registered for drawing.

Register Today! Cost is $25 for NACBA Members and $75 for Non-Members.

 

Bankruptcy News Briefs 9/14

Midweek News…

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“12% Increase in Non-Business Bankruptcy Filings”

House Financial Services Committee Approves Critical CFPB Reforms

FTC Seeks Public Comment on Consumer Information Security Rules under FCRA, GLBA

5th Circuit Rules Against Collector For Not Making Disclosures in Time-Barred Debt Case

Non-Threatening Collection Letter May Underlie FDCPA Claim

CFPB Reform ‘Dead on Arrival’ Thanks to Wells Fargo

CFPB Proposes “Drastic Overhaul” Of Debt Collection

Georgia Debt Collectors Banned From Debt Collection Business

Student loan forgiveness can come with a tax bomb

ITT Tech students refuse to repay loans in protest over government policy

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There’s Still Time to Register for Today’s Webinar!

7 Keys to Building a Referral-based Law Firm

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

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

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

Events

NACBA’s  Fall Workshop

EARLY BIRD RATE IS EXTENDED! REGISTER TODAY FOR SAVINGS!

Sail-Away-1024x551 (1)

Pack your bags and set sail for the 2016 NACBA Fall Workshop on October 6th-9th for stellar sessions, excellent presenters, CLE, networking and a little relaxation!  Get all the details and register today!

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

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 9/13

Check Out Today’s Headlines…

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FTC Announces Latest Operation Collection Protection Actions

Keeping up with State Licensing and Enforcement Activity is Becoming a Full-Time Job For Collection Agencies

Advocates Applaud CFPB Action Against Bridgepoint Education for Predatory Student Lending Practices

CFPB Makes Bridgepoint Education Refund All Private Student Loans

Senate to hold hearing on Wells Fargo’s aggressive sales tactics

What You Don’t Say Can Hurt You: Fair Debt Collections Act

Credit card debt in second quarter sets record

Consumers’ Spending Expectations Fall, Income Expectations Continue to Rise

REGISTER FOR UPCOMING WEBINARS

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Join Stephen Fairley Tomorrow!

7 Keys to Building a Referral-based Law Firm

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

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

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

Events

NACBA’s  Fall Workshop

EARLY BIRD RATE IS EXTENDED! REGISTER TODAY FOR SAVINGS!

Sail-Away-1024x551 (1)

Pack your bags and set sail for the 2016 NACBA Fall Workshop on October 6th-9th for stellar sessions, excellent presenters, CLE, networking and a little relaxation!  Get all the details and register today!

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

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 9/12

Jump Starting Your Week…

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Pace of Consumer Borrowing Rebounds in July

Economy in a Snapshot: Credit Card Use Declines

Illinois Court Holds Rule 67 Motion to Deposit Funds Moots Individual and Class TCPA Claims

Stellar Recovery Secures Milestone Victory in TCPA Case

The Wells Effect

US Credit Card Debt to Top $1 Trillion in 2016

REGISTER FOR 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

Events

NACBA’s  Fall Workshop

EARLY BIRD RATE IS EXTENDED! REGISTER TODAY FOR SAVINGS!

Sail-Away-1024x551 (1)

Pack your bags and set sail for the 2016 NACBA Fall Workshop on October 6th-9th for stellar sessions, excellent presenters, CLE, networking and a little relaxation!  Get all the details and register today!

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

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

#NACBASEA Session Spotlight With Cary Flitter

Searching For Treasure? 

Then dive into today’s #NACBASEA Session Spotlight…

“Find a Treasure Trove of Consumer Law Violations in Your Bankruptcy Treasure Chest: Fair Debt, Credit Reporting, Telephone Consumer Protection Act. Booty Awaits.” 

Consumer law violations are common problems for debtors and can be filed in bankruptcy court or district court. Most provide statutory attorney fees. Philadelphia consumer lawyer Cary Flitter will help you to triage your cases on Sunday, October 9th, 10:00 A.M-11:00 A.M.

Presenter:

avatar for Cary Flitter

Cary Flitter

Cary L. Flitter practices consumer law with Flitter Milz, P.C. located in suburban Philadelphia and New Jersey. Cary serves on the adjunct faculty at Temple University Beasley School of Law in Philadelphia and Widener University School of Law in Wilmington, Delaware, where he teaches Consumer Law and Litigation including Fair Credit Reporting, Fair Debt Collection, and class action. He has guest lectured on consumer law issues at Harvard Law School, The University of Pennsylvania Law School, and other venues. Flitter is a contributing author to Pennsylvania Consumer Law by Bisel Publishing Co. This is the leading treatise in Pennsylvania on consumer law. He is also a contributor to Consumer Class Actions 5th Ed. by the National Consumer Law Center. Cary was invited by the Federal Trade Commission to participate in workshops on Collection of Consumer Debt.

Cary’s consumer cases in the Court of Appeals include Brown v. Card Service Center, 464 F.3d 450 (3d Cir. 2006) (seminal circuit case on deception under FDCPA); Rosenau v. Unifund, 539 F.3d 218 (3d Cir. 2008) (successful challenge to phony “legal department” in dunning letter); Cappuccio v. Prime Capital, 549 F.3d 180 (3d Cir. 2011) (first impression holding that borrower’s testimony alone may be sufficient to rebut presumption of receipt of TILA disclosures); Gager v. Dell Fin. Serv., LLC, 727 F.3d 265 (3d Cir. 2013) (holding, in first impression, that consent to receive cellphone calls is revocable under Telephone Consumer Protection Act) and Douglass v. Convergent Outsourcing, 765 F.3d 299 (3d Cir. 2014) (holding, in first impression, that placing the consumer’s account number on collection envelope violates privacy provisions of FDCPA) Cary is the recipient of multiple pro bono awards for his work on behalf of low-income consumers and serves as the 2016 Co-Chair of the Federal Courts committee of the Montgomery (County, Pa.) Bar Association.

Register Today!

Bankruptcy News Briefs 9/9

News Making Headlines…

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Year-Over-Year Bankruptcy Filings Increase in August

Wells Fargo $185 Million Penalty is a Warning to Collectors, Too: Look Hard at Your Compensation Plans

U.S. District Court Judge Dismisses Collection Litigation Suit Against Bank of America

FDCPA Case Law Review for August 2016, a Busy Month

NACBA and NCLC Enter Fair Credit Reporting Arena

The Massachusetts Supreme Judicial Court Lends a Helping Hand to Inadvertent Lender Omissions in the Execution of Mortgage Acknowledgements

Divided Court Rules Proof of Claim for Stale Debt Does Not Violate FDCPA

California Court Weighs in on “True Lender” Issue as CFPB Expands its UDAAP Enforcement Authority

Information Asymmetry: The CFPB Proposes Changes To The Rules Governing Confidential Information

Student Loan Forgiveness Could Be Coming to NJ

TCPA Case Dismissed In Part On Economic Damages Analysis

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

Events

NACBA’s  Fall Workshop

Sail-Away-1024x551 (1)

Pack your bags and set sail for the 2016 NACBA Fall Workshop on October 6th-9th for stellar sessions, excellent presenters, CLE, networking and a little relaxation!  Get all the details and register today!

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

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Register for the, “7 Keys to Building a Referral-based Law Firm” Webinar!

FREE FOR NACBA MEMBERS

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NACBA is excited to host a new webinar this month, “7 Keys to Building a Referral-based Law Firm,” on Wednesday, September 14, 2016, 3:00 PM EST / 12:00 PM PST with Stephen Fairley, CEO, The Rainmaker Institute.

Every attorney wants a referral-based practice, but most attorneys struggle to consistently get enough referrals. Stephen Fariley has 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

Read more about our presenter, Stephen Fairley!

Stephen is the CEO of The Rainmaker Institute, the nation’s largest law firm marketing company specializing in lead conversion for small to medium size law firms. Over 10,000 attorneys nationwide have benefited from learning and implementing the proven marketing and lead conversion strategies taught by The Rainmaker Institute, LLC.

He works exclusively with attorneys to find new clients fast using online and offline legal marketing strategies and to convert more prospects into paying clients using automated marketing and by fixing their follow up systems.

Stephen is a nationally recognized law firm marketing expert and the international best-selling author of 12 books, a library of cutting edge webinar programs, and 10 audio and video training programs

Don’t miss this opportunity to build up the referrals in your firm!

REGISTER: HERE

 

Bankruptcy News Briefs 9/7

 

Midweek Headlines…

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DC Circuit Rejects FDCPA ‘Meaningful Involvement’ and Related State-Law Claims

CFPB Quietly Proposes Rule That Would Allow it to Share Confidential Supervisory Information with State AGs

Doctors Fight “Devastating” Bill in California Which Would Limit Revenue From Self Pay Patients

Limit on Right to Amend Homestead Exemption

Can I Be Sued for Filing a Time-Barred Claim? Fourth Circuit Weighs In

Florida Inferior Liens Not Extinguished If Recorded After Foreclosure Judgment – What To Do Now

Group Says CFPB ‘Ignored’ Positive Consumer Feedback on Payday Loans

Report Shows Huge Spike in Complaints From Banking Customers

Advisory Group to Examine Student Loan Debt Collection

How Some Millennials End Up Paying Their Parents’ Student Loan Debt

Retirees’ newest headache: Student loan debt

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

Events

NACBA’s  Fall Workshop

Sail-Away-1024x551 (1)

Pack your bags and set sail for the 2016 NACBA Fall Workshop on October 6th-9th for stellar sessions, excellent presenters, CLE, networking and a little relaxation!  Get all the details and register today!

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

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

#NACBASEA Spotlight with Hank Hildebrand and John Rao

What in the World is Triskaidekaphobia?
Find out in the #NACBASEA Session…
“Even Cruisers Have Fears: Getting Over Your Triskaidekaphobia: Straight Talk About Chapter 13”
Join us on Sunday, October 9th from 8:15 am-9:45 am to learn how to build a Chapter 13 practice. Plus learn recent developments in Chapter 13, creative uses of chapter 13 plans and creative plan terms, how to successfully litigate confirmation issues, when to challenge your Trustee and more with our presenters, Hank Hildebrand and John Rao.
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Hank Hildebrand
Mr. Hildebrand has served as Standing Trustee for Chapter 13 matters in the Middle District of Tennessee since 1982 and as Standing Chapter 12 Trustee for that district since 1986. He also is of counsel to the Nashville law firm of Farmer, Purcell, White and Lassiter, PLLC. Mr. Hildebrand graduated from Vanderbilt University and received his J.D. from the National Law Center of George Washington University. He is a fellow of the American College of Bankruptcy and serves on its Education Committee. He is Board Certified in consumer bankruptcy law by the American Board of Certification. He is Chairman of the Legislative and Legal Affairs Committee for the National Association of Chapter 13 Trustees (NACTT). In addition, he is on the Board of Directors for the NACTT Academy for Consumer Bankruptcy Education, Inc. Mr. Hildebrand has served as case notes author for The Quarterly, a newsletter dealing with consumer bankruptcy issues and Chapter 13 practice in particular, since 1991. He is a regular contributor to the American Bankruptcy Institute Journal. He is an adjunct faculty member for the Nashville School of Law and St. Johns University School of Law.
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John Rao
John Rao is an attorney with the National Consumer Law Center, Inc. Mr. Rao focuses on consumer credit and bankruptcy issues and has served as a panelist and instructor at numerous bankruptcy and consumer law trainings and conferences. He has served as an expert witness in court cases and has testified in Congress on consumer matters. Mr. Rao is a contributing author and editor of NCLC’s Consumer Bankruptcy Law and Practice; co-author of NCLC’s Foreclosures; Bankruptcy Basics; Guide to Surviving Debt; and NCLC Reports: Bankruptcy and Foreclosures Edition, and contributing author to NCLC’s Student Loan Law. He is also a contributing author to Collier on Bankruptcy and the Collier Bankruptcy Practice Guide. Mr. Rao serves as a member of the federal Judicial Conference Advisory Committee on Bankruptcy Rules, appointed by Chief Justice John Roberts in 2006. He is a conferee of the National Bankruptcy Conference, fellow of the American College of Bankruptcy, vice-president for the National Association of Consumer Bankruptcy Attorneys, and former board member for the American Bankruptcy Institute. He is an adjunct faculty member at Boston College School of Law. Mr. Rao is a graduate of Boston University and received his J.D. in 1982 from the University of California (Hastings).