Author: cherewill

Bankruptcy News Briefs 9/2

End of the Week Headlines…

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Department of Defense Issues Guidance on Military Lending Act

CFPB Complaints: What They Mean to Servicers

Brief: CFPB Quashes So-Called Tribal Lender Western Sky, US District Court Calls CashCall “True Lender”

Report: Predatory Loan Companies Evade State Rules

Amazon and Wells Fargo abruptly end discount student loan program

13 Pitfalls of Bankruptcy in Arizona

CFPB Issues Safe Harbors under FDCPA for Mortgage Servicers

Calls and text messages from healthcare organizations: New developments under the TCPA’s ’emergency purpose’ exception

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

Events

NACBA’s  Fall Workshop

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Don’t miss the boat! Set sail with #NACBASEA on October 6th-9th for stellar sessions, CLE, networking and a little relaxation! Register by Friday, September 2nd  for the Early Bird Rate! 

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!

3 Reasons to Register for #NACBASEA Fall Workshop Today!

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Beside the obvious reason to register for the #NACBASEA Fall Workshop on October 6th-9th such as the great sessions, dynamic speakers CLE, the opportunity to network and a fabulous cruise ship here are three other reasons to register today and receive the Early Bird Rate:

  1. All Fall Workshop Registrants will receive, at no additional cost, a copy of NCLC’s Quick Guide to Federal Evidence and Objections (value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case — all in only 21 pages.
  2. All Fall Workshop Attendees will receive, at no additional cost, seven days (7) of complete access to the NCLC Digital Library (October 7 – October 14, 2016).
  3. Throughout the Fall Workshop, all attendees will be registered for a chance at winning 1 of 10 NCLC Consumer Bankruptcy Law & Practice 2016 Eleventh Edition (value $140). NACBA will be giving away up to 10 copies of the NCLC Consumer Bankruptcy Law & Practice 2016 Eleventh Edition.

Don’t miss the boat!

Register Today for the Early Bird Rate and Set Sail with NACBA for an Unforgettable Voyage!

Early Bird Rate Ends Today!

Bankruptcy News Briefs 9/1

 

Check Out the Headlines On This First Day of September…

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NACBA and the NCLC Seek Rejection of Brunner Test

Average Debt Collection Complaints to CFPB Continue to Decline

Sharp criticism leveled at CFPB investigation tactics

MD Collections accused of sending collection letters that violate debt laws

Fourth Circuit Falls in Line with Second and Eighth Circuits Holding that Filing a Proof of Claim on a Time-Barred Debt Does Not Violate the FDCPA

Mortgage Complaints Sit Lower on CFPB Complaint List

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

Events

NACBA’s  Fall Workshop

Sail-Away-1024x551 (1)

Don’t miss the boat! Set sail with #NACBASEA on October 6th-9th for stellar sessions, CLE, networking and a little relaxation! Register by Friday, September 2nd  for the Early Bird Rate! 

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!

Tour the Enchantment of the Seas and Set Sail with NACBA!

One More Reason to Register for #NACBASEA!

Take a Tour on the Enchantment of the Seas!

Check out this public (non-NACBA) video posted on YouTube that provides a detailed walk-through of the Enchantment of the Seas! Remember, Friday, September 2nd ends the early pricing deadline of $395 registration!

Register Today and Set Sail with NACBA!

 

 

Bankruptcy News Briefs 8/31

Midweek News

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NJ Appeals Court: Shorter Time Frame Applies to Retail Credit Card Debt Collection

CFPB’s Overreach Could Backfire. Just Ask the FTC

Obama Student Loan Bailout Imposes Millenial Tax On Middle Class Families

Never Let a Student Loan “Crisis” Go to Waste

Tick Tock: Proofs of Claim, the FDCPA and Stale Debt Clock

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

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 8/30

Tuesday’s Headlines

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Former Regulator Accuses CFPB of Targeting the Biggest Companies and Imposing “The Maximum Fines They Can Afford to Pay”

Federal judge paves way for treble damages in ‘robo-calling’ lawsuit

CFPB’s Proposal for Collection of Decedent Debt: a Misguided Approach

Monthly TCPA Digest – August 2016

CFPB orders fixes for student loan fixes

REPORT: Consumer Protection

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

The Fall Workshop

Congratulations!

The winner of the ($395 cruise + $199 pre-tax) 2016 Fall Workshop Members-Only Cruise is NACBA Member Joel Spivack!

 

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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 8/29

Which Headlines Are Making News?

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Fourth and Seventh Circuits Peer Down from the Ivory Tower on FDCPA Issue

Creditor Rights Law Firms Well-Represented on CFPB’s Small Business Review Panel

U.S. Puts Private Student Loan Servicers on Notice: Play Nice

Filing TCPA lawsuits: ‘It’s what I do,’ professional plaintiff with 35 cell phones says

Consumer Finance Protection Bureau proves its value

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

The Fall Workshop

Congratulations!

The winner of the ($395 cruise + $199 pre-tax) 2016 Fall Workshop Members-Only Cruise is NACBA Member Joel Spivack!

 

Sail-Away-1024x551 (1)

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 Richard H. Nemeth and Paul Maschmeyer
Dry Docking Aggressive Trustees: Getting the Overreaching Chapter 7 Trustee Out of the Water and Onto the Shore!
Saturday, October 8th 11:00 AM-12:00 PM
Are your clients being subject to out of line requests and turnover actions by overbearing Trustees? Richard Nemeth and Paul Maschmeyer will discuss methods of dealing with these actions including responding to information requests, use of extensions of time to object to requests by the Trustee and how to use the political system to help your client.
 Learn how to defend turnover of mass tort awards and college tuition fraudulent conveyance litigation, and how to exclude inherited IRA from property of the estate (In re Clark).  Stop requests to turn over convenience accounts and use secured creditor carve outs to help your client, not hurt them, and much more.
Presenters:
avatar for Richard H Nemeth (Hal)
Richard H. Nemeth (Hal)
Mr. Nemeth is a consumer and small business bankruptcy practitioner and litigator in Cleveland, Ohio and the ND Ohio state chair for NACBA.  He has been practicing bankruptcy law in Cleveland for over 25 years.In July, 2008, Mr. Nemeth was named NACBA Member of the Month for spearheading a successful effort to get the Ohio legislature to adopt a new and far more consumer-friendly exemption statute.  Mr. Nemeth is a frequent speaker at local, regional and national continuing legal education seminars, and is often asked by reporters to comment on consumer issues for local and national media publications.  He has been involved in a considerable amount of consumer litigation, representing borrowers against lenders, mortgage brokers, servicers, collection agencies and their law firms in stay and discharge violation, breach, fraud, civil conspiracy, truth-in-lending, RESPA, FDCPA and other matters in which he has won substantial awards for his clients.  Mr. Nemeth is a graduate of Case Western Reserve University and the Cleveland-Marshall College of Law.
avatar for Paul Maschmeyer
Paul Maschmeyer
Mr. Maschmeyer is a Shareholder/Director of Maschmeyer Karalis P.C. This firm limits its practice to Bankruptcy, Corporate, Corporate Reorganization, Litigation, Insolvency,Creditors’ Rights and Real Estate Law. Mr. Maschmeyer has represented trustees in many bankruptcy liquidations, official creditors’ committees and debtors in numerous Chapter 11 reorganizations.Mr. Maschmeyer is a member of the Philadelphia and Pennsylvania Bar Associations, the Eastern District of Pennsylvania Bankruptcy Conference, the American Bankruptcy Institute and the National Association of Bankruptcy Trustees. He is a member of the Board of Directors of the Consumer Bankruptcy Assistance Project.In addition to holding an AV® rating from Martindale-Hubbell, Mr. Maschmeyer is certified as a Business Bankruptcy Law Specialist by the American Bankruptcy Board of Certification and an author of Colliers Handbook for Trustees and Debtors-in- Possession. He is recognized by Philadelphia Magazine as a Pennsylvania Super Lawyer in the practice area of Bankruptcy and Creditor/Debtor Rights.
Register Today

Bankruptcy News Briefs 8/26

Headlines Leading Into the Weekend…

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Study: Majority of College Students are Current on Credit Card Bills

U.S. District Court Judge in New Jersey Dismisses TCPA Case Based on Single Unanswered Call to a Cell Phone

Student loan complaint update highlights IDR plan application issues

First National Bank of Omaha to Pay $35 Million Over Credit-Card Practices

CFPB Arbitration Rule Faces Opposition

Overall Delinquencies Decrease in Q2

NCLC Advocates Commend Department of Education’s Actions against ITT to Protect Students and Taxpayers

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

The Fall Workshop

Deadline Today!

Only 1 Day 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 Cruise! Just 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 8/25

What’s Making News Today?

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California Bill Changes How Debt Collectors Handle Identity Theft Disputes

Summary of the CFPB’s Outline of Proposals Under Consideration for Debt Collection Rulemaking

Judge Decides Sanctions Now Not Warranted in “Fanciful, Farfetched” FCRA Case

Mortgage Current Despite PNC’s Claim for Escrow Advances

CFPB Debt Collection Proposals Would Create Problematic New Substantiation Standard

3 groups pinpoint issues with CFPB arbitration proposal

New Protections Against Debt Collectors

Mobile App Operator Not Liable Under TCPA

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

The Fall Workshop

Deadline August 26th!

Only 1 Day Left to Win a Free Registration to NACBA’s 2016 Fall Workshop Members-Only Cruise (Miami, FL – Nassau, Bahamas)

Sail-Away-1024x551 (1)

Visit the NACBA Facebook page and enter to Win a Free Registration to the Fall Workshop Members Only Cruise! Just 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!