Author: cherewill

Bankruptcy News Briefs 5/12

The Examiners: Student Debt Could Be Next Bubble, But Shouldn’t be Addressed by Bankruptcy Reform

Lawsuit Accuses Retailer of Illegal Collections

House Oversight and Investigations Subcommittee Sets Hearing on Regulatory Overreach

The Examiners: Discharge Private Student Loans, But Federal Loans Have Safety Net

Judge’s Ruling Against 2 Banks Finds Misconduct in ’08 Crash

CFPB sues Nationwide Biweekly for Deceptive Mortgage Practices

Former Students Seek to Shape Corinthian Colleges Bankruptcy

Judge Rejects Bond Suit Over Pension Debt

The Examiners: Student Loan Debate is More Complex Than Bankruptcy Question

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Bankruptcy News Briefs 5/11

State Lawmakers Pass Consumer Protection Bill

Appeals Court Rules Against Collection Law Firms

Illinois Pension Reform Law Unconstitutional, State Supreme Court Rules

San Bernardino to release bankruptcy exit plan on May 14

Sen. Elizabeth Warren Seeks to Provide CFPB More Regulatory Authority Over Auto Dealers

Consumer Borrowing Jumps; Card Spending Stops Skid

NM Debtors Tend to Shun Filing Chapter 13

Have you read NACBA’s Consumer Bankruptcy Journal? Read Both the Spring 2015 and Winter 2014 Edition!

Belong to a Community of Your Peers! Join NACBA Today!

 

NACBA State Chair Application

NACBA State Chair Application

The volunteer State Chair serves in a leadership role for NACBA’s efforts in their district and state.  This person works with NACBA members in their community and throughout their state to strengthen relationships among NACBA, recruit new members and increase the participation of members in NACBA activities.  This person also serves as an important link to assist NACBA in identifying issues that may have legislative or regulatory impact at the state or federal level.

Membership, Education, Identification and Mobilization

  • State Chairs are asked to encourage new bankruptcy lawyers and non-NACBA attorneys to join and ensure that current members keep their membership active.  NACBA already sends out numerous renewal and membership applications, but it is often the “personal touch” that a State Chair – who knows both the attorney and the benefits of NACBA membership – can provide that gets someone to join.
  • State Chairs are asked to work with NACBA Board & Staff in educating the NACBA membership on cases in the State Chair’s state, benefits available to members and tools and services available to members that will help them in their practice.  This information should be shared during monthly conference calls and through regular emails.  State Chairs are asked to regularly attend and respond to these communications. In addition to the calls, the Board liaisons to the rest of the Board – Ed Boltz, Gene Melchionne and Pam Stewart welcome calls directly from the State Chairs about any questions or concerns.
  • NACBA & State Listservs: An important responsibility of State Chairs is to help generate discussion on the NACBA Listserv as it relates to designated state and optional set-up up of a mini-listserv for debtor’s attorneys in their state.   Rather than set this up under the direct auspices of NACBA, we’ve found that it is better to have an independent listserv, for example through Yahoo! or Google.  NACBA staff will assist you in deciding what type of a listserv to operate, how to set it up and continue managing it.

Identification: With developing case law under BAPCPA, NACBA and our partner organization, the National Consumer Bankruptcy Rights Center (NCBRC) have gotten much more involved in assisting with issues. We depend on the State Chairsto keep an eye open for important issues, so that we can avoid bad case law that may impact the entire country.

Mobilization: NACBA is regularly contacted by local and national decision makers and media, seeking bankruptcy clients that fit a profile needed for a story, i.e. college students with massive debts or senior citizens with foreclosure problems. State Chairs are asked to help identify debtors that fit the need and are willing to speak with the press.  Additionally, we ask our State Chairs to work with Advocate Leaders to help in mobilizing members for legislative action and for media events.

State Chair Qualifications:

  • Be a NACBA member in active standing (Required)
  • Attend NACBA Annual Convention* (Required)
  • Attend NACBA Fall Workshop* (Optional)
  • Attend / Participate in NACBA’s Hill Day at Home (Required)
  • Attend / Participate in minimum 8 out of 12 State Chair Conference Calls (Required)
  • Serve in State Chair for minimum 1 year (Required)
  • Be comfortable with public speaking
  • Willingness to engage association and community members in NACBA’s efforts
  • Willingness to support and advocate for NACBA legislative priorities
  • Willingness to dedicate 3 – 5 hours to the position on a monthly basis
  • Willingness to adhere to professional conduct standards

* Will be offered reduced rate to attend events.

Please complete and submit the application below:

Personal Information:

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Thank you for your response. ✨

 

You can also complete the PDF NACBA State Chair Application  and send it to:

Dan LaBert

Email: Dan.LaBert@NACBA.org

Fax: 1.866.408.9515

Bankruptcy News Briefs 5/8

Letter to Education Secretary Duncan: Do Not Impose Unfair Hurdles to Debt Relief for Corinthian Students

Bank of America and JPMorgan Chase Agree to Erase Debts From Credit Reports After Bankruptcies

Bank of America’s Relief for Mortgage Borrowers Is Questioned

San Bernardino to Slash Retiree Health Care in Bankruptcy Plan

New York Fed Details Community Credit Conditions in U.S.

Increased Credit Card Debt Causes Surge in Consumer Borrowing

What’s Behind Bankruptcy Lawsuits Over College Tuition?

Should Bankruptcy Address Student Debt?

Access NACBA’s 23rd Annual Convention Sessions at PlaybackNACBA

Participate and Partake in NACBA’s Benefits, Join Today!

 

Bankruptcy News Briefs for 5/7

Class Status Sought for Lawsuit Against Collection Firm

CFPB Uncovers Problems in Credit Reporting, Next Steps Unclear

Easier Credit Score Access Leads to Better Monitoring

ACA International Urges the U.S. Senate to Consider Legislation that Aims to Reform the Consumer Financial Protection Bureau

FCC Announces Leadership Changes in Bureau Overseeing the TCPA

Senators Call For Attorney General Investigation Into Executives Of Corinthian Colleges

NCLC Survey Reveals Ongoing Problems with Mortgage Servicing May 2015

NY AG Pushes Legislation to Fight Zombie Foreclosures

Take Advantage of all your NACBA Membership Benefits

Not a NACBA Member? Join Today!

Virginia Delegate Scott Surovell Receives Consumer Protection Award

Mt. Vernon, VA– Delegate Scott Surovell (D-44) was presented with the Champions of Consumer Rights” Award by the National Association of Consumer Bankruptcy Attorneys (NACBA) over the weekend. The award recognizes his years of advocacy to protect consumers, push back against predatory lending and House Bill 2015 which seeks to provide exemptions related to child care support.

NACBA President Edward Boltz stated, “We are pleased to recognize Delegate Scott Surovell with the award in recognition of his tireless advocacy for consumers, including his work in combatting abuses by payday lenders and car title lenders, and particularly his successful effort, working with NACBA members in Virginia, to enact legislation to protect Virginians in bankruptcy from having their child support, spousal support, and earned income tax credits taken by bankruptcy trustees.”

The legislation, House Bill 2015, provides modifications to bankruptcy exemptions related to child care support and allows an individual filing bankruptcy or subject to judgment collections to exempt child and spousal support arrearages from actions to collect debts by creditors.  It also allowed debtors to spread existing exemptions for individual vehicles or firearms among multiple assets instead of having to claim only one car of firearm as exempt.

The award also recognized Delegate Surovell’s work to restrict car title lenders in Virginia. Ten car title lender locations have opened on the U.S. 1 Corridor between the beltway and Fort Belvoir since 2011.  These predatory lenders target low income families in severe financial distress and active duty military service members.  They charge interest rates up to 30% per month and annual percentage rates of nearly 300% per year.  The proliferation of these businesses acts as a hindrance to high quality development and targets the most vulnerable in the community.

Delegate Surovell’s effort to combat predatory lending was also featured in the December 26, 2014 issue of the New York Times regarding the explosion of subprime consumer lending in the United States.

Delegate Surovell stated, “I am proud to have successfully passed legislation to protect families during bankruptcy proceedings. Child support is paid to support children, not creditors.  The earned income tax credit is not a refund of taxes paid and is an effective anti-poverty program.  It is not a creditor’s lottery ticket.  I will continue to push back against those who target consumers and cause a cycle of debt for low income families in Virginia. Thank you to the NACBA for their consumer advocacy and for recognizing me with the Champion of Consumer Rights Award.”

The award is given in recognition of and appreciation for extraordinary service in protecting American Consumers and, in particular, the recipient’s critical role in preserving the rights of consumer debtors in need of bankruptcy relief. This year’s award recipients also included Rohit Chopra, Assistant Director and Student Loan Ombudsman, Consumer Financial Protection Bureau, and Congressman Elijah Cummings (D-MD).

Bankruptcy News Briefs 5/6

10 States With the Highest Bankruptcy Rates

Bankruptcy Trustees Claw Back College Tuition Paid for Filers’ Kids

It’s Becoming Increasingly Hard to Get a Loan in the Deep South

Report Shows Potential Impact of Income-Based Student Loan Repayment Plan

Lawmakers Seek to Give Lenders More Time for New Mortgage Disclosures

Two Positive Decisions for the Industry Regarding Chapter 13 Cases

Homeowner’s Bankruptcy Appeal Denied by Supreme Court

Survey: Nearly Half of Consumers Monitored Credit Scores in Past Year

Puerto Rico Fights to Restore Law Allowing Public Debt Revamp

U.S. Eyes New Path to Debt Relief

Consumer Financial Protection Bureau Report Finds 26 Million Consumers Are Credit Invisible

Bankruptcy News Briefs 5/5

Debt Relief Operation Files for Bankruptcy; CFPB Challenge Tossed

Business Groups Back Debt Buying Bill

FDCPA Lawsuits Still Rising in Early Part of 2015 as TCPA Claims Decline

April Bankruptcy Filings Decrease 12 Percent From Previous Year

Supreme Court rules denial of proposed bankruptcy repayment plan not final action

Supreme Court Finds Denial of Confirmation not Appealable Order

Child Support Payment Bill Gets Endorsement from Equifax

 Visit PlaybackNACBA  to gain access to the sessions and content from the 23rd Annual NACBA Convention!

It’s May Have You Renewed Your Membership With NACBA?

Join NACBA Today!

#NACBACHI Access Playback NACBA Today!

We hope you enjoyed NACBA’s 23rd Annual Convention in Chicago. The Convention was a huge success. We’re pleased to offer those unable to attend the opportunity to experience many of the sessions through PlaybackNACBA. Playback NACBA offers a number of options to access over 25 sessions and 40+ hours of content.

If you did attend the 2015 Convention you can now access your Complimentary 3 Month Fast Pass Activation in 3 simple steps:

  1. Visit PlaybackNACBA
  2. Confirm Your Registration (Enter your first and last name and city)
  3. Create Your Login and Password

After your 3 Month Pass you also have the opportunity to upgrade to a Season Pass or a Works Package for a full year’s access to the 2015 Convention’s events.

If you didn’t attend the NACBA Convention don’t fret! You can get a free 2 minute preview for each session then launch a year’s worth of benefits, training, and knowledge by choosing one of the 2015 NACBA Convention Packages that suit your specific needs.

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Here’s a snapshot of a few sessions you’ll have access to with PlaybackNACBA from NACBA’s 23rd Annual Convention. Just click on the link for your free preview.

Student Loans I

Student Loans II

Student Loans III

CFPB Mortgage Servicing Rules

Save Your Client’s Job

Tax Booby-Traps in Bankruptcy

Family Feud: Intersection of Family Law & Bankruptcy

 Zombie Real Estate Apocalypse

Again, this is just a sample of everything that was offered, there’s so much more….

We hope you had a wonderful time at the 2015 NACBA Convention! #NACBACHI

See you in 2016 in San Francisco! #NACBASF

Bankruptcy News Briefs 5/4

Corinthian Colleges Files for Chapter 11 Bankruptcy

How Hillary Clinton might solve the student debt crisis

Consumer Lawsuits and CFPB Complaints Against Debt Collectors Increase in March

Supreme Court Rejects Homeowner’s Bankruptcy Appeal

National Association of Consumer Advocates and the National Consumer Law Center Support Reintroduction of Landmark Legislation to Restore Consumers, Workers, and Small Businesses’ Access to Justice

Chase Sanctioned for Failure to Comply with Loan Modification in Bankruptcy Case Handled by White Plains Attorney Michael H.Schwartz

Check out the Spring 2015 Edition of the Consumer Bankruptcy Journal

Renew Your NACBA Membership Today

Become a Member of NACBA!