Author: cherewill

Bankruptcy News Briefs 5/16

nacbapicture

New Headlines for a New Week…

More Parents Expect to Help Children with College Loans

Auto and Credit Card Delinquencies Increase in First Quarter

House Financial Services Committee Sets Hearing on CFPB’s Proposed Arbitration Rule

Georgia Wage Garnishment Law Takes Effect—Again

WD NY Holds TCPA Claim Does Not Survive Death of Plaintiff, TCPA Damages ‘Wholly Disproportionate to Harm Suffered’

Senate Committee to hold Hearing to Examine Effects of 25-Year-Old TCPA on Modern Consumers and Businesses

#NACBASF IS THIS WEEK!

sfodt_phototour28

The much anticipated 24th Annual NACBA Convention is  this week! In only 2 days you’ll get to experience dynamic speakers, informative sessions, opportunities to network, the chance to earn CLE and be in a beautiful city! If you haven’t registered the time is now! Register today and be part of #NACBASF!

KEEP YOUR NACBA MEMBERSHIP CURRENT

Take advantage of the many exciting educational events like the Annual Convention,  Fall Workshop and  Webinars that are on the horizon by keeping you r membership current.  Don’t miss out on these member only benefits Renew Today! 

Not a member of NACBA?  Join NACBA Today

Today’s #NACBASF Session Spotlight

Tough Clients, Tough Discussions

Sunday, May 22 • 8:30 am – 9:30 am

We have all had them!  This session will cover common scenarios and best practices for dealing with tough clients.
Presented By:
avatar for Greggory T. Colpitts
Greggory T. Colpitts
The Colpitts Law Firm
Attorney
Tulsa, Ok
Mr. Colpitts was born and raised in Tulsa, Oklahoma, and graduated from Tulsa Memorial High School.  Mr. Colpitts attended Oklahoma State University from 1983 to 1987 when he graduated with a B.S. in Mechanical Engineering Technology.

After graduation from Oklahoma State University in 1987, Mr. Colpitts attended the University of Tulsa College of Law and received his J.D. in 1991.  In 1992, Mr. Colpitts continued his legal education at Southern Methodist University, Dedman School of Law, where he received a Master of Laws in Taxation in 1993.

In August 1993, Mr. Colpitts started his own law firm and continues with this firm today.  Mr. Colpitts specializes in consumer bankruptcy (Chapters 7 and 13).  Mr. Colpitts has represented thousands of clients in bankruptcy ranging from straight forward to very complex.  Mr. Colpitts also specializes in bankruptcy litigation including pursuing creditors for automatic stay and discharge injunction violations and making sure debtors get what they bargained for after completing a Chapter 13 bankruptcy.  In an arena where debtors are held to a multitude of onerous requirements, Mr. Colpitts believes that creditors should also be held the standards imposed by the Bankruptcy Code.  Mr. Colpitts is a member of the National Association of Consumer Bankruptcy Attorneys where he serves as the state chair.

In 2012, Mr. Colpitts completed the extensive and rigorous qualification requirements and attained certification by the American Board of Certification as a Consumer Bankruptcy Expert.  With this certification, he joins a prestigious group of very few other Oklahoma attorneys to attain this recognition.

Bankruptcy News Briefs 5/13

nacbapicture

Illinois Spends Nearly $1B on Payment Penalties

Mortgage Write-Offs at Nine-Year Low: Equifax

Home Loan Originations Down in Q1

Survey: Borrowing for College Increases Parents’ Likelihood to Help Children with Loans

ACA International Denounces CFPB’s Proposed Rule to Limit Arbitration as Evidence of Unbalanced Regulation

U.S. District Court in New York Grants Debt Collector Motion to Certify Important FDCPA Issue for Interlocutory Appeal

Estate Property Encompasses Post-Discharge Consent Decree

UPCOMING EVENTS

May 19th-22nd, 2016
NACBA’s 24th Annual Convention, San Francisco, CA

sanfran
Register HERE

October 7th-10th, 2016
NACBA’s Summit At Sea Fall Workshop- Members Only Event

Sail-Away-1024x551 (1)
Register HERE

KEEP YOUR NACBA MEMBERSHIP CURRENT

Take advantage of the many exciting educational events like the Annual Convention,  Fall Workshop and  Webinars that are on the horizon by keeping you r membership current.  Don’t miss out on these member only benefits Renew Today! 

Not a member of NACBA?  Join NACBA Today

Today’s #NACBASF Session Spotlight

Views From the Bench

Sunday, May 22nd , 9:45 am – 11:00 am

avatar for Hon. Fredrick Clement

Hon. Fredrick E. Clement

United States Bankruptcy Court, Eastern District of California
Fresno, CA

Fredrick E. Clement is a United States Bankruptcy Judge seated in the Eastern District of California. Prior to appointment, he represented consumers and small to mid-sized businesses before the Eastern and Northern District Bankruptcy Courts. He holds the designation of Certified Specialist, Bankruptcy Law, from The State Bar of California Board of Legal Specialization. Judge Clement is a former Commissioner to the Bankruptcy Law Advisory Commission of the State Bar of California. A regular lecturer on insolvency and bankruptcy, he has addressed the National Conference of Bankruptcy Judges, American Bankruptcy Institute, National Association of Chapter 13 Trustees, National Association of Consumer Bankruptcy Attorneys, the Southeastern Bankruptcy Law Institute, the Sacramento Valley Bankruptcy Forum, and the Central California Bankruptcy Association. Admitted to the State Bar of California in 1987, Mr. Clement is an honors graduate of the University of California, Hastings College of Law. He maintains chambers and resides in California’s southern San Joaquin Valley.

avatar for Hon. Frederick P. Corbit

Hon. Frederick P. Corbit

United States Bankruptcy Court, East District of Washington
Chief Bankruptcy Judge
Spokane, WA

Bankruptcy Judge Frederick P. Corbit was sworn in on September 19, 2013 as a bankruptcy judge for the Eastern District of Washington. His courtroom and home are in Spokane. Immediately prior to going on the bench, Judge Corbit practiced law at the Northwest Justice Project (“NJP”). NJP provides civil legal services to persons of limited financial means. Prior to joining NJP in 2007, he was a shareholder in the Seattle office of a large national law firm, and represented many companies and individuals in connection with issues related to the acquisitions and sales of businesses, creditor/debtor matters, and business litigation. He is a frequent lecturer on legal matters and has published numerous articles in legal journals. Judge Corbit received his undergraduate degree from University of Washington and his law degree from UCLA School of Law. He was a law clerk to the Honorable Kenneth S. Treadwell, United States Bankruptcy Judge for the Western District of Washington.

avatar for Hon. Jim D. Pappas

Hon. Jim D. Pappas

Judge Pappas is a graduate of Idaho State University and the University of Idaho College of Law in 1977. Prior to his appointment, Judge Pappas practiced throughout the Northwest in the area of commercial and banking law, and all aspects of bankruptcy law representing debtors, creditors, committees and trustees in proceedings under all chapters of the Bankruptcy Code. He was a founder and is a past chair of the Bankruptcy and Commercial Law Section of the Idaho State Bar.

Judge Pappas was appointed to the bench in 1990, and was reappointed to a second term in 2004. He served as Idaho’s Chief Bankruptcy Judge from 1993 to 2004. Judge Pappas served on the Ninth Circuit’s Bankruptcy Appellate Panel, a court that reviews decisions made by other bankruptcy courts throughout the Western United States from 2005-2015, serving as Chief Judge from 2010-2013.

Judge Pappas is a member of the American Bankruptcy Institute, a member of the Board of the National Conference of Bankruptcy Judges, is a Fellow in the American College of Bankruptcy, and served as an Associate Editor of the American Bankruptcy Law Journal. By appointment of the Chief Justice, from 2003-2009, Judge Pappas served on the Bankruptcy Judges Education Committee of the Federal Judicial Center designing educational programs for all bankruptcy judges. Judge Pappas lectures and writes extensively concerning bankruptcy law, as well as teaches at the University of Idaho College of Law.

Bankruptcy News Briefs 5/12

nacbapicture

Making News Today…

Research Reveals Cities with Highest Student Loan Debt Burden

CFPB Sues Check Casher All American

Court Finds Settlement Offers on Time-barred Debts Without Disclosure of the Fact That the Debt is Time-Barred to be FDCPA Violation

FTC Joins CFPB In Expanding Oversight Of “Deceptive” Practices

Fourth Circuit Case on Modification of Residential Mortgage

An Opportunity for Creditors to Enforce Prospective Waivers of the Automatic Stay

Chapter 13 Debtor Unable to Modify Confirmed Plan to Surrender Collateral

UPCOMING EVENTS

May 19th-22nd, 2016
NACBA’s 24th Annual Convention, San Francisco, CA

sanfran
Register HERE

October 7th-10th, 2016
NACBA’s Summit At Sea Fall Workshop- Members Only Event

Sail-Away-1024x551 (1)
Register HERE

KEEP YOUR NACBA MEMBERSHIP CURRENT

Take advantage of the many exciting educational events like the Annual Convention,  Fall Workshop and  Webinars that are on the horizon by keeping you r membership current.  Don’t miss out on these member only benefits Renew Today! 

Not a member of NACBA?  Join NACBA Today

#NACBASF Session Spotlight

Chapter 7 Asset Cases

Saturday, May 21 • 4:15 pm – 5:30 pm
Some debtors just can’t keep it all. This panel explores the best practices and traps for the unwary when dealing with Chapter 7 asset cases.
Presenters:
avatar for Ariane Holtschlag
Ariane Holtschlag
FactorLaw
Attorney
Chicago, IL

Ariane Holtschlag graduated from University of Iowa College of Law, Iowa City, Iowa. Currently, Ariane is an attorney at FactorLaw and practices in the areas of Personal Bankruptcy, Business Bankruptcy, Bankruptcy Alternatives, Bankruptcy Litigation, Creditor’s Rights and Commercial Litigation.

avatar for Cecilia Lee

Cecilia Lee

Lee & High, Ltd
Attorney
 Reno, NV

Cecilia Lee practices bankruptcy and insolvency law and bankruptcy appellate law in the Reno office of the Denver law firm of Davis Graham & Stubbs, LLP. Peer Review rated AV by Martindale-Hubbell, Cecilia has represented clients in all primary aspects of bankruptcy practice, including debtors, secured and unsecured creditors, committees and trustees in chapters 7, 11, 12 and 13. She has represented clients in all aspects of bankruptcy appeals, including to the United States Supreme Court. Cecilia is certified as a Business Bankruptcy Specialist by the American Board of Certification. A 1980 graduate of Swarthmore College, Swarthmore, Pennsylvania with a bachelor of arts with honors in Biology, Cecilia received a master of science degree from the University of Oregon in 1982 before enrolling in Willamette College of Law in Salem, Oregon. Cecilia graduated in the top 15 percent of her class at Willamette in 1986, receiving High Papers in Ethics, Products Liability and Land Use Planning. She served as an Associate Editor of the Willamette Law Review for two years and began arguing cases while in law school to the federal and state courts in Oregon.

In 2014, Cecilia joined Willamette’s law faculty as a professor of bankruptcy law, and also sits on the law school’s advisory board. Cecilia is a member of the American Bankruptcy Institute’s award-winning Committee on Consumer Bankruptcy Law as the ListServe Facilitator, and is a Coordinating Editor of the Consumer Corner of the ABI Journal. Cecilia publishes and lectures on various aspects of business and bankruptcy law.

Cecilia is a member of Silver State Striders and a marathon runner. Before attending law school, Cecilia studied the cello with Orlando Cole of the Curtis Institute in Philadelphia. She is currently a member of the Susanville Symphony Orchestra.

Only 7 Days Until #NACBA’s Annual Convention! Register for #NACBASF Today

Bankruptcy News Briefs 5/11

nacbapicture

Mid Week Headlines…

CFPB’s Lawsuit Challenged by Defunct Lender

Credit Protection Association Pays $72k, Adopts New Policies over FCRA Violations

FDCPA Case Law Review for April 2016

Second Circuit tells debt collectors to notify debtors of interest, late fees

Teacher Can’t Discharge Student Loans in Bankruptcy

Ch. 7 Debtor Wins Partial Discharge of Student Loans

WANT 3 GOOD REASONS TO ATTEND #NACBASF IN 7 DAYS?

There are so many reasons to attend #NACBASF, but our line up of Keynote Speakers is three of the most compelling reasons why you should Register Today! Check out who is headlining at#NACBASF 2016! Don’t miss these prominent speakers!

Bob Shrum, Famed Political Consultant. Shrum has advised practically every major Democratic candidate from Edmund Muskie and Ted Kennedy to All Gore and John Kerry, and understands how political campaigns are fought and won. Shrum is the author of No Excuses: Concessions of a Serial Campaigner.

Nomi Prins, Renowned Author & Commentator from Wall Street to Washington. Prins’ latest acclaimed book All the Presidents’ Bankers is a groundbreaking narrative on how an elite group of men transformed the American economy & government, dictated policy & shaped world history. Nomi has appeared on CNN, MSNBC, CNBC, CSPAN, PBS, FOX and other TV stations.

Adam Carroll, 2x Tedx Speaker. Founder of National Financial Educators, author of Winning the Money Game, director of Broke, Busted & Disgusted, host of Build a Bigger Life podcast and creator of Scholarship Mastery.

KEEP YOUR NACBA MEMBERSHIP CURRENT

Take advantage of the many exciting educational events like the Annual Convention,  Fall Workshop and  Webinars that are on the horizon by keeping you r membership current.  Don’t miss out on these member only benefits Renew Today! 

Not a member of NACBA?  Join NACBA Today

 

Bankruptcy News Briefs 5/10

nacbapicture

What’s making Headlines?

Nearly Half of Millennials Have Bad Credit: TransUnion

Debt Relief Scam Victims to Receive $1.87M

Online Lenders Queried by Regulators on Referral Fees, Bank Deals

Collection Agency Settles FTC’s Charges

Proposed Rule on Government Collection Calls Released

Consumers’ Perceived Credit Availability Falters, While Income and Spending Confidence Rebound

Pace of Total U.S. Consumer Borrowing Surges Since 2001

FCC Proposes to Protect Student Loan Borrowers and Other Consumers from a Tidal Wave of Robocalls and Texts from Collectors of Federal Debts

Report: HUD’s Sales of FHA-Defaulted Mortgage Loans Benefit the Big Mortgage Servicers and Hedge Funds While Homeowners Lose

Credit Protection Association Pays $72k, Adopts New Policies over FCRA Violations

UPCOMING EVENTS

May 19th-22nd, 2016
NACBA’s 24th Annual Convention, San Francisco, CA

sanfran
Register HERE

October 7th-10th, 2016
NACBA’s Summit At Sea Fall Workshop- Members Only Event

Sail-Away-1024x551 (1)
Register HERE

KEEP YOUR NACBA MEMBERSHIP CURRENT

Take advantage of the many exciting educational events like the Annual Convention,  Fall Workshop and  Webinars that are on the horizon by keeping you r membership current.  Don’t miss out on these member only benefits Renew Today! 

Not a member of NACBA?  Join NACBA Today

 

TODAY’S #NACBASF SESSION SPOTLIGHT!

Intrdouction to Tax and Bankruptcy

Saturday, May 21st 2:30 pm – 3:45 pm

Presented By:

avatar for Kent Anderson

Kent Anderson 

Kent Anderson Law Office
Attorney
Eugene, OR

ent Anderson has lectured extensively for lawyers, realtors and tax professionals about Tax Liens, Tax Collection Defense, Mortgage Modifications, Chapter 13 Bankruptcy, and other Debtor-Creditor matters. He has been a featured speaker at the IRS National Tax Forum, Northwest Bankruptcy Institute, and the NACBA Annual Meeting.  Kent has been active in the NACBA lobbying program for several years and was invited to speak at US Senator Jeff Merkley’s Mortgage and Foreclosure Solutions Summit.  He is the current NACBA Oregon chair and continues to consult with the senator’s office on bankruptcy and foreclosure issues.

Kent established his private practice in 1978 and is admitted to practice before the U.S. District Court for the District of Oregon, the US Tax Court, the 9th Circuit Court of Appeals, and the US Supreme Court.  Mr. Anderson is board certified in Consumer Bankruptcy by the American Board of Certification.  His practice includes tax collection defense, contested audit, and consumer bankruptcy matters.

He is a member of the National Association of Consumer Advocates, the National Association of Consumer Bankruptcy Attorneys, and the Bankruptcy Law Network, LLC, where he currently holds the office of Treasurer. As chair of the Website Committee for the Oregon State Bar Debtor/Creditor Section and member of the local Bankruptcy Pro Bono committee, he contributes his expertise to state bar efforts.  Kent has been a public board member of the Oregon Board of Psychologist Examiners since 2009. He is a contributing author on the LexisNexis Bankruptcy Law Center online forum and has worked with Lexis in developing and testing several versions of its software including its new TopForm 11 bankruptcy document assembly program.

avatar for Larry Heinkel

Larry Heinkel

Heinkel Law Group, PL
Tax & Bankruptcy Attorney
St. Petersburg, FL

Larry Heinkel is a tax and bankruptcy attorney with more than 30 years experience helping businesses and individuals, solve their state and federal tax problems. Mr. Heinkel has been extremely successful in representing his clients before IRS and DOR, and is known throughout Florida as an expert in tax problem resolution.

Larry graduated from the University of Florida with honors in Accounting (B.S.B.A.), Law (J.D.), and Tax Law (LL.M.). He is listed among Florida Trend’s Florida Legal Elite and is a Member of The Law Review, was published twice and has served as an Adjunct Professor in tax and business law at Rollins College and the University of Central Florida MBA Program.

Mark Segal

Mark Segal, Chartered
Attorney
Las Vegas, NV

Mark Segal graduated from the University of Pennsylvania, Wharton School of Finance and Commerce with a B.S. in Economics, and received his J.D. and LL.M. in Taxation from New York University. Mr. Segal practices with the law firm of Mark Segal, Chartered in Las Vegas, Nevada, with an emphasis on personal bankruptcy and tax law. His practice also includes all aspects of civil IRS controversy representation. Mr. Segal is admitted to the U.S. Tax Court, U.S. Claims Court, various U.S. District Courts, the United States Supreme Court, and the New York, Arizona, and Nevada State Bars. He served as Special Assistant Attorney General, U.S. Department of Justice, Tax Division, from 1968 to 1973. He is a member of the American Bar Association Taxation, Business Law and Law Office Management Sections; and the State Bar of Nevada Executive Committees on Taxation and Bankruptcy. He served on the Tax Advisory Committee to the National Bankruptcy Review Commission’s Government Working Group in 1997. Mr. Segal has lectured on discharging taxes in bankruptcy at conventions of the National Association of Chapter Thirteen Trustees (NACTT), the State Bar of Nevada, and NACBA’s prior conventions. He has been a member of NACBA since its formation in 1992. Mr. Segal was a 2003 recipient of NACBA’s Distinguished Service Award.

Bankruptcy News Briefs 5/9

nacbapicture

Kick Off Your Week With These Headlines…

FCC Releases TCPA Proposed Rule on Government Debt Collection Calls

Survey Finds Some Millennials Lack Credit to Buy a Home

CFPB Moves Forward With Proposed Rule on Arbitration, Lays Groundwork to Eliminate Arbitration Agreements

Another Court Finds a 1099(c) Disclosure May Be False, Deceptive or Misleading

CFPB Moves Ahead to Block Arbitration Clauses, Discounting SBREFA Comments

District Court Rules Pending False Claims Act Case Should Not Be Stayed Due to Bankruptcy Proceedings

CFPB Aims To Overrule Supreme Court And Federal Law On Arbitration

A fair shake for consumers

NACBA MEMBER BENEFIT

CosmoLex

CosmoLex is the only total solution that let’s solo attorneys & small law firms manage their practice, billing AND accounting in one single login. Law firms running on CosmoLex can eliminate the need to maintain multiple programs because CosmoLex does it all, including time tracking, billing, business accounting, trust (IOLTA) accounting, calendaring, task & document management, in one web-based application.  CosmoLex also provides case status, performance & financial data in one dashboard, so you can focus on what really matters every day. It’s a simple proposition: CosmoLex takes care of your entire practice, so you can take care of your clients. Try CosmoLex free for 1-month (no credit card required). NACBA membership entitles you to a 10% lifetime discount.

UPCOMING EVENTS

May 19th-22nd, 2016
NACBA’s 24th Annual Convention, San Francisco, CA

sanfran
Register HERE

October 7th-10th, 2016
NACBA’s Summit At Sea Fall Workshop- Members Only Event

Sail-Away-1024x551 (1)
Register HERE

KEEP YOUR NACBA MEMBERSHIP CURRENT

Take advantage of the many exciting educational events like the Annual Convention,  Fall Workshop and  Webinars that are on the horizon by keeping you r membership current.  Don’t miss out on these member only benefits Renew Today! 

Not a member of NACBA?  Join NACBA Today