Author: cherewill

Bankruptcy News Briefs 11/24

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In Today’s News…

Ohioans Pay More Than $500M in Small-Dollar Loan Fees Each Year

TCPA Compliance is Not Enough; You Also Need a Business Strategy

Online Lender CashCall Pays Nearly $2M to Calif., Borrowers

CFPB’s Eighth Semi-Annual Report Highlights Debt Collection Complaints, Enforcement Actions

CFPB Pushes Back Debt Collection Rulemaking Again, But Not By Much

Survey: Consumers Plan to Reduce Holiday Spending

FTC Amendment to Telemarketing Sales Rule Sounds Like Operation Choke Point

Critics: New Bankruptcy Paperwork Will Cause Inaccurate Filings

NACBA EVENTS YOU WON’T WANT TO MISS!

ATTENTION #NACBASF EXHIBITORS AND SPONSORS! RESERVE YOUR BOOTH TODAY!

Don’t miss out on the opportunity to be an exhibitor or sponsor at the 24th Annual NACBA Convention in San Francisco, CA May 19-22nd 2016 and/or at NACBA”s Fall Workshop, Summit at Sea, October 7-10th 2016! Registration is NOW OPEN! Check out the Prospectus to reserve your booth or become a sponsor today!

COME SAIL AWAY! SAVE THE DATE FOR NACBA’s SUMMIT AT SEA!

NACBA is pleased and excited to announce the return of our Members-Only Fall Event! On October 7-10, 2016 prepare to set sail on NACBA’s maiden voyage at sea! The Summit at Sea will offer education on a variety of topics that you will not want to miss. NACBA encourages you to bring the family too! The schedule and speakers will be announced shortly.

Register for NACBA’s Upcoming Webinars!

Give Yourself A Gift and Register for These Upcoming Webinars in December!

Beyond Confidentiality: Bankruptcy Attorneys and Security Best Practices
Wednesday, December 9, 2015
3:00 PM Eastern /2:00 PM Central / 1:00 PM Mountain / 12:00 PM Pacific,
Presented by: Catherine Sanders Reach, Director, Law Practice Management & Technology, Chicago Bar Association
Registration is Open! Free for Members! $49 for Non Members

Encumbered Property
Tuesday, December 15, 2015
3 PM Eastern / 2 PM Central / 1 PM Mountain / 12 PM Pacific
Presented by: Hon. Eugene R. Wedoff & Tara Twomey, Esq.
Registration is Open! $25.00 for Members $75.00 for Non Members

BENEFIT SPOTLIGHT

Gain More Exposure for Your Firm!

NACBA has partnered with Google Maps to create the NACBA Member Map. Live on NACBA.org, potential clients using any connected device (desktop, laptop, and mobile) will be shown NACBA member firms near them right now. Using built-in GPS positioning technology, potential clients will be presented with NACBA member firms in their city and region. They will be able to tap the firm’s map markers to get contact information and driving directions to a NACBA Member office. As part of NACBA’s enhanced Membership Benefits, all NACBA members in good standing have basic contact info already listed on this state of the art mapping interface!

NACBA MEMBERSHIP

There are so many exciting educational events and networking opportunities on the horizon that you won’t want to miss out one so make sure your NACBA Membership is current, Renew Today!

Not a member of NACBA? Consider Joining and take advantage of all the benefits that NACBA offers!

Receive the Bankruptcy News Briefs Automatically! Subscribe to NACBA NOW Today!

Bankruptcy News Briefs 11/23

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Start Your Week Off With These Headlines…

Settlement in Illegal Credit Repair, ID Theft Case

Auto Lending Hits New Record, Refuels Subprime Worries

Overall Debt Burden Peaks for Middle-Aged Consumers

Wall Street Regulators Said to Step Up Leveraged-Loan Focus

Motion Granted For Debt Collector in Envelope Case

CFPB Now Extends Debt Collection Pre-Rule Activity Through February 2016

ATTENTION #NACBASF EXHIBITORS AND SPONSORS! RESERVE YOUR BOOTH TODAY!

THE 24th ANNUAL NACBA CONVENTION IS AROUND THE CORNER!

Save the date we’re heading to the golden coast! Join us in San Francisco, CA on May 19-22, 2016 at the Downtown Marriott Marquis for another dynamic NACBA Convention packed with sessions, speakers and networking opportunities you won’t want to miss!

COME SAIL AWAY! SAVE THE DATE FOR NACBA’s SUMMIT AT SEA!

Register for NACBA’s Upcoming Webinars!

Give Yourself A Gift and Register for These Upcoming Webinars in December!

Encumbered Property
Tuesday, December 15, 2015
3 PM Eastern / 2 PM Central / 1 PM Mountain / 12 PM Pacific
Presented by: Hon. Eugene R. Wedoff & Tara Twomey, Esq.
Registration is Open!

BENEFIT SPOTLIGHT

As a member of NACBA you will receive The Consumer Bankruptcy Journal. This quarterly online journal features timely information, practice management and tech tips along with the opportunity for discounted member advertising.

NACBA MEMBERSHIP

There are so many exciting educational events and networking opportunities on the horizon that you won’t want to miss out one so make sure your NACBA Membership is current, Renew Today!

Not a member of NACBA? Consider Joining and take advantage of all the benefits that NACBA offers!

Receive the Bankruptcy News Briefs Automatically! Subscribe to NACBA NOW Today!

Bankruptcy News Briefs 11/20

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Friday’s News…

Western Union Settles $8.5M TCPA Lawsuit

Experian Study Reviews U.S. Credit Report Card

CFPB Takes Action Against Online Lender for Deceiving Borrowers

Undisclosed Debt Discharged In No-Asset Chapter 7

Illinois Bill Provides Welcome Fix to Illinois Collection Agency Act

UPDATE 1-Madoff victims to recoup $1.42 billion in two payouts

Telemarketing Rule Amended to Ban Payment Methods Used by Scammers

Register for NACBA’s Upcoming Webinars!

Give Yourself A Gift and Register for These Upcoming Webinars in December!

Encumbered Property
Tuesday, December 15, 2015
3 PM Eastern / 2 PM Central / 1 PM Mountain / 12 PM Pacific
Presented by: Hon. Eugene R. Wedoff & Tara Twomey, Esq.
Registration is Open!

ATTENTION #NACBASF EXHIBITORS AND SPONSORS! RESERVE YOUR BOOTH TODAY!

Don’t miss out on the opportunity to be an exhibitor or sponsor at the 24th NACBA Convention in San Francisco, CA May 19-22nd 2016 and/or at NACBA”s Fall Workshop, Summit at Sea, October 7-10th 2016! Registration is NOW OPEN! Check out the Prospectus to reserve your booth or become a sponsor today!

THE 24th ANNUAL NACBA CONVENTION IS AROUND THE CORNER!

COME SAIL AWAY! SAVE THE DATE FOR NACBA’s SUMMIT AT SEA!

NACBA MEMBERSHIP

There are so many exciting educational events and networking opportunities on the horizon that you won’t want to miss out one so make sure your NACBA Membership is current, Renew Today!

Not a member of NACBA? Consider Joining and take advantage of all the benefits that NACBA offers!

Receive the Bankruptcy News Briefs Automatically! Subscribe to NACBA NOW Today!

Bankruptcy News Briefs 11/18

nacbapicture So Many Headlines..

NJ Lawmakers Review Bill Regulating Collections from ID Theft Victims

Consumer Credit Defaults Jump; Delinquencies and Foreclosures Fall

Why a Commission for CFPB May Be in Agency’s Best Interest

New York Fed: Consumer Spending Remains Strong

Study: Millennials Report Conflicted Feelings on Personal Finances

CFPB Issues 2015 Financial Report

Consumer And Debt Collector Groups Partner To Help Consumers Avoid Scams

Separate Treatment of Student Loan Must Not Unfairly Discriminate

New Bankruptcy Forms Roll Out Effective Dec. 1

85,000 Corinthian Students Can Now Get Their Loans Forgiven On a Fast Track

Register for NACBA’s Upcoming Webinars!

One Day Left! Did You Register for Thursday’s Webinar? “Modernized Bankruptcy Forms Webinar”

Don’t Miss the Webinar Every Consumer Bankruptcy Attorney Needs to Attend!

Thursday, November 19, 2015
3:00 PM ET/ 2:00 PM CT/1:00 PM MT/12:00 PM PT
Presented by: Norma Hammes, Esq., Carey Ebert, Esq., (United States Chapter 7 & 13 Trustee) &Walter Oney, Esq.

When you register for the “Modernized Bankruptcy Forms Webinar,” you’ll receive a comprehensive overview on what Official Bankruptcy Forms will be replaced with substantially revised, reformatted and renumbered versions effective December 1, 2015. Register Today!

Give Yourself A Gift and Register for These Upcoming Webinars in December!

Encumbered Property
Tuesday, December 15, 2015
3 PM Eastern / 2 PM Central / 1 PM Mountain / 12 PM Pacific
Presented by: Hon. Eugene R. Wedoff & Tara Twomey, Esq.
Registration is Open!

ATTENTION #NACBASF EXHIBITORS AND SPONSORS! RESERVE YOUR BOOTH TODAY!

THE 24th ANNUAL NACBA CONVENTION IS AROUND THE CORNER!

COME SAIL AWAY! SAVE THE DATE FOR NACBA’s SUMMIT AT SEA!

NACBA MEMBERSHIP

There are so many exciting educational events and networking opportunities on the horizon that you won’t want to miss out one so make sure your NACBA Membership is current, Renew Today!

Not a member of NACBA? Consider Joining and take advantage of all the benefits that NACBA offers!

Receive the Bankruptcy News Briefs Automatically! Subscribe to NACBA NOW Today!

Bankruptcy News Briefs 11/17

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Today’s Headlines…

Illinois County Hires Agency to Pursue $2M in Court Delinquencies

Low Delinquencies, Steady Balance Growth Point to Stable Consumer Credit Market

$95.5M Settlement Reached in For-Profit Education Case

Illinois students of for-profit schools to get $3M in debt relief under settlement

United States: FTC, CFPB, And States Collaborate To Clamp Down On Illegal Debt Collection

CFPB Revises Supervisory Appeals Process

Bad Debt Collectors and Their Prey

Debt Collection Deal Promises to Wipe Out Default Judgments

Ninth Circuit Decision Allows Debtors to Collect Attorney Fees for Enforcing the Automatic Stay in Bankruptcy Cases

Register for NACBA’s Upcoming Webinars!

NOVEMBER WEBINARS

2 Days are Remaining! Did You Register for Thursday’s Webinar? “Modernized Bankruptcy Forms Webinar”

Don’t Miss the Webinar Every Consumer Bankruptcy Attorney Needs to Attend!

Thursday, November 19, 2015
3:00 PM ET/ 2:00 PM CT/1:00 PM MT/12:00 PM PT
Presented by: Norma Hammes, Esq., Carey Ebert, Esq., (United States Chapter 7 & 13 Trustee) &Walter Oney, Esq.

Give Yourself A Gift and Register for These Upcoming Webinars in December!

Encumbered Property
Tuesday, December 15, 2015
3 PM Eastern / 2 PM Central / 1 PM Mountain / 12 PM Pacific
Presented by: Hon. Eugene R. Wedoff & Tara Twomey, Esq.
Registration is Open!

ATTENTION #NACBASF EXHIBITORS AND SPONSORS! RESERVE YOUR BOOTH TODAY!

THE 24th ANNUAL NACBA CONVENTION IS AROUND THE CORNER!

COME SAIL AWAY! SAVE THE DATE FOR NACBA’s SUMMIT AT SEA!

NACBA MEMBERSHIP

There are so many exciting educational events and networking opportunities on the horizon that you won’t want to miss out one so make sure your NACBA Membership is current, Renew Today!

Not a member of NACBA? Consider Joining and take advantage of all the benefits that NACBA offers!

Receive the Bankruptcy News Briefs Automatically! Subscribe to NACBA NOW Today!

Why Would A Lawyer Choose Consumer Bankruptcy?

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I had my fees cut last week in a small Chapter 13 case. The cut ($500) wasn’t large in absolute terms. But the wound is deep and will continue to bleed into my attitude about what I do as a professional. To borrow a phrase from my kids, I feel profoundly disrespected.The case, filed by another lawyer, had been targeted for dismissal. It had lingered unconfirmed for many, many months and the initial attorney was leaving bankruptcy practice. Unlike many bankruptcy lawyers, I’m willing to come into a case mid stream and try to salvage a bad situation. I hate to see clients take a hit traceable to poor representation. In this case, I subbed in, found some mistakes that, once corrected, allowed confirmation, and sought to be paid for the work. The result in the case was, I thought, was stellar.

Not so fast

The judge’s issue with my fee application was the relative size of fees incurred to prepare a separate, customized fee application, draft a notice, and appear at a hearing 15 miles from my office requiring travel during rush hour. The court has a “guideline” that the preparation of the fee application should cost no more than 5% of the fees sought. That works if the fees are $10,000 or more. The rule was probably crafted with Chapter 11 reorganization cases in mind. When the fees are a couple of thousand dollars, 5% becomes an impossibly small number relative to the tasks required.

And that’s the bitch here: the Bankruptcy Code requires a written fee application, detailing the services provided, including contemporaneous time records, and an actual hearing, whether or not there is an objection. So, the work is mandated and the compensation is capped. And the cap doesn’t fit small consumer cases. This happens yet in a world where the Bankruptcy Code of 1978 sought to compensate bankruptcy professionals at market rates, comparable to other specialists. The Code sought to move away from the “bankruptcy lawyers as second class professionals” thinking that prevailed before the Code.

It ain’t easy

It is my view that most judges sorely underestimate the challenges of representing debt-ridden consumers. The people challenges are as great or greater than the legal challenges. And, like this judge who acknowledged that the cut to my fees wasn’t fair, did it anyway. Most bankruptcy judges were never self employed, eating only what they killed, metaphorically. Most never represented a below median income, English as a second language debtor. And fewer ever stepped into a floundering consumer case and made it work.

What goes around

If the bankruptcy bench shrugs off the impact on capable debtor’s lawyers of underpaying counsel, judges will find the bar in their courtrooms filled with the indifferent and the incompetent. The wound to bankruptcy system will be self inflicted. I cannot recommend this specialty to any lawyer who has to be self supporting.

Author, Cathy Moran is a Certified Consumer Bankruptcy Specialist, a Northern California chair for the National Association of Consumer Bankruptcy Attorneys and is on a mission to help lawyers become better bankruptcy practitioners.

Bankruptcy News Briefs 11/16

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New Week, New Headlines…

Low Delinquencies, Steady Balance Growth Point to Stable Consumer Credit Market

Scammers Steal More Than $17M in Tech Support Scheme

U.S. Foreclosure Starts Increase 12 Percent in October

$59M Settlement in Debt Collection Scheme

New Jersey Bill Regulating Debt Collection from Victims of Identity Theft Advances to Assembly

Consumer Litigation Increases Across the Board

Blumenthal: IRS could use private debt collectors against you

CFPB’s October Complaint Snapshot Focuses on Credit Card Complaints

Register for NACBA’s Upcoming Webinars!

NOVEMBER WEBINARS

Did You Register for Thursday’s Webinar? “Modernized Bankruptcy Forms Webinar”

Don’t Miss the Webinar Every Consumer Bankruptcy Attorney Needs to Attend!

Thursday, November 19, 2015
3:00 PM ET/ 2:00 PM CT/1:00 PM MT/12:00 PM PT
Presented by: Norma Hammes, Esq., Carey Ebert, Esq., (United States Chapter 7 & 13 Trustee) &Walter Oney, Esq.

Give Yourself A Gift and Register for These Upcoming Webinars in December!

Encumbered Property
Tuesday, December 15, 2015
3 PM Eastern / 2 PM Central / 1 PM Mountain / 12 PM Pacific
Presented by: Hon. Eugene R. Wedoff & Tara Twomey, Esq.
Registration is Open!

ATTENTION #NACBASF EXHIBITORS AND SPONSORS! RESERVE YOUR BOOTH TODAY!

THE 24th ANNUAL NACBA CONVENTION IS AROUND THE CORNER!

COME SAIL AWAY! SAVE THE DATE FOR NACBA’s SUMMIT AT SEA!

BENEFIT SPOTLIGHT

2016 is right around the corner and this is the perfect time to think about how you want to enhance and improve your website. Lucky for you as a member of NACBA you have access to Amicus Creative Media who offers comprehensive website solutions that increases visibility, generates new business and supercharges referrals. As the Preferred Website Developer for NACBA, all members can receive a semi-custom website package for only $1199 (usually $2250). These powerful websites include:

Captivating designs
Professional content written exclusively for NACBA Members
Integrated site tools such as click to call technology, e-newsletter management and an online consultation request tool
Unparalleled white glove support to help you every step of the way

Visit www.amicuscreative.com/nacba or call 877-269-0076 to learn more and get ready to kick 2016 off right!

NACBA MEMBERSHIP

There are so many exciting educational events and networking opportunities on the horizon that you won’t want to miss out one so make sure your NACBA Membership is current, Renew Today!

Not a member of NACBA? Consider Joining and take advantage of all the benefits that NACBA offers!

Receive the Bankruptcy News Briefs Automatically! Subscribe to NACBA NOW Today!

Bankruptcy News Briefs 11/13

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Friday’s Headlines…

Reports of ‘Phantom Debt Collection Scams’ Continue

Big Mistake! Three Compliance Risks Collectors Overlook

Creditor’s Motion to Reopen Is Too Late

Delaware joins national crackdown on illegal debt collection

Bankruptcy Case Asks Supreme Court to Decide: What Is Fraud?

Register for NACBA’s Upcoming Webinars!

NOVEMBER WEBINARS

The Webinar Every Consumer Bankruptcy Attorney Needs to Attend! Don’t Start Your Weekend Without Registering!

Modernized” Bankruptcy Forms Webinar

Thursday, November 19, 2015
3:00 PM ET/ 2:00 PM CT/1:00 PM MT/12:00 PM PT
Presented by: Norma Hammes, Esq., Carey Ebert, Esq., (United States Chapter 7 & 13 Trustee) &Walter Oney, Esq.

Description: Full overview on what Official Bankruptcy Forms will be replaced with substantially revised, reformatted and renumbered versions effective December 1, 2015. Register Today!

DECEMBER WEBINARS

Beyond Confidentiality: Bankruptcy Attorneys and Security Best Practices,
Wednesday, December 9, 2015
3:00 PM Eastern /2:00 PM Central / 1:00 PM Mountain / 12:00 PM Pacific,
Presented by: Catherine Sanders Reach, Director, Law Practice Management & Technology, Chicago Bar Association
Registration is Open!

Encumbered Property
Tuesday, December 15, 2015
3 PM Eastern / 2 PM Central / 1 PM Mountain / 12 PM Pacific
Presented by: Hon. Eugene R. Wedoff & Tara Twomey, Esq.
Registration is Open!

ATTENTION #NACBASF EXHIBITORS AND SPONSORS! RESERVE YOUR BOOTH TODAY!

THE 24th ANNUAL NACBA CONVENTION IS AROUND THE CORNER!

COME SAIL AWAY! SAVE THE DATE FOR NACBA’s SUMMIT AT SEA!

NACBA MEMBERSHIP

There are so many exciting educational events and networking opportunities on the horizon that you won’t want to miss out one so make sure your NACBA Membership is current, Renew Today!

Not a member of NACBA? Consider Joining and take advantage of all the benefits that NACBA offers!

Receive the Bankruptcy News Briefs Automatically! Subscribe to NACBA NOW Today!

Bankruptcy News Briefs 11/12

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Today’s Headlines…

ID Theft Concerns Ease Before Holidays

Know Who You’re Calling or the TCPA Will Come Knocking

Can the American Action Network Stop the CFPB? Can Anyone?

3 Tactics Debt Collectors Can’t Use on Military Personnel

Taking Exception with the CFPB’s Attempt to Regulate Lawyers

Bill Would Stop NYC Landlords from Checking Credit Scores, Debts

ATTENTION #NACBASF EXHIBITORS AND SPONSORS! RESERVE YOUR BOOTH TODAY!

Register for NACBA’s Upcoming Webinars!

NOVEMBER WEBINARS

The Webinar Every Consumer Bankruptcy Attorney Needs to Attend! 7 Days Left to Register!

Modernized” Bankruptcy Forms Webinar

Thursday, November 19, 2015
3:00 PM ET/ 2:00 PM CT/1:00 PM MT/12:00 PM PT
Presented by: Norma Hammes, Esq., Carey Ebert, Esq., (United States Chapter 7 & 13 Trustee) &Walter Oney, Esq.

Description: Full overview on what Official Bankruptcy Forms will be replaced with substantially revised, reformatted and renumbered versions effective December 1, 2015. Register Today!

DECEMBER WEBINARS

Encumbered Property
Tuesday, December 15, 2015
3 PM Eastern / 2 PM Central / 1 PM Mountain / 12 PM Pacific
Presented by: Hon. Eugene R. Wedoff & Tara Twomey, Esq.
Registration is Open!

NACBA MEMBERSHIP

There are so many exciting educational events and networking opportunities on the horizon that you won’t want to miss out one so make sure your NACBA Membership is current, Renew Today!

Not a member of NACBA? Consider Joining and take advantage of all the benefits that NACBA offers!

Receive the Bankruptcy News Briefs Automatically! Subscribe to NACBA NOW Today!

Bankruptcy News Briefs 11/11

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In Today’s News…

State National Bank Continues Appeals Court Case Against CFPB

Household Spending Expectations for the Coming Year are Improving

California Hospital Hires Delaware Collection Agency

Indiana AG Opposes Robocalls from Student Loan Collectors

CFPB Pushes Back in PHH Lawsuit Over Marketing Agreements

Beware: Zombie debt collection scams are on the rise

Consumer protection – Debt collection – Collateral attack

ATTENTION #NACBASF EXHIBITORS AND SPONSORS! RESERVE YOUR BOOTH TODAY!

Register for NACBA’s Upcoming Webinars!

NOVEMBER WEBINARS

The Webinar Every Consumer Bankruptcy Attorney Needs to Attend! 8 Days Left to Register!

Modernized” Bankruptcy Forms Webinar

Thursday, November 19, 2015
3:00 PM ET/ 2:00 PM CT/1:00 PM MT/12:00 PM PT
Presented by: Norma Hammes, Esq., Carey Ebert, Esq., (United States Chapter 7 & 13 Trustee) &Walter Oney, Esq.

Description: Full overview on what Official Bankruptcy Forms will be replaced with substantially revised, reformatted and renumbered versions effective December 1, 2015. Register Today!

DECEMBER WEBINARS

Encumbered Property
Tuesday, December 15, 2015
3 PM Eastern / 2 PM Central / 1 PM Mountain / 12 PM Pacific
Presented by: Hon. Eugene R. Wedoff & Tara Twomey, Esq.
Registration is Open!

BENEFIT SPOTLIGHT!

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Cheryl’s
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The Popcorn Factory
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NACBA MEMBERSHIP

There are so many exciting educational events and networking opportunities on the horizon that you won’t want to miss out one so make sure your NACBA Membership is current, Renew Today!

Not a member of NACBA? Consider Joining and take advantage of all the benefits that NACBA offers!

Receive the Bankruptcy News Briefs Automatically! Subscribe to NACBA NOW Today!