Author: kristadamelio

Krista D’Amelio joined NACBA in April 2017 as Director of Government Affairs and Communications. D’Amelio’s work will focus on strengthening relationships and increasing advocacy reach with elected officials and government agencies to enhance their understanding and support of NACBA’s issues. Prior to joining NACBA, D’Amelio served as Global Government Affairs Coordinator at Airlines for America where she assisted to increase advocacy reach and lobbying capabilities of the organization. Previously, she was the Associate Director of College Partner Relations at the Center for Student Opportunity where she helped first-generation students on the road to and through college. A native of Connecticut, D’Amelio began her career in the Office of Lieutenant Governor Michael Fedele and on gubernatorial campaigns. She received duel Bachelor of Arts degrees in Political Science and Sociology from the University of Connecticut where she also conducted published research for the Department of Sociology. D'Amelio's research tracing the evolution of social policy in Connecticut led her to be granted the John G. Hill Political Science Excellence Award and her research abroad in the Arts and Humanity Summer Program in Florence, Italy earned her the 2009 Global Scholar Award. D'Amelio holds a masters degree in Social Policy from the University of Pennsylvania.

Bankruptcy News Briefs- 4/09

Today’s consumer and bankruptcy headlines are…

Department of ED vs. Collection Agencies Saga Will Come to a Head on April 16

11th Circuit: Letter Offering to “Resolve” Out of Stat Account Contains Implicit Threat of Litigation, Requires Out of Stat Disclosure

‘Lousy system’: U.S. official who resigned explains how the student debt crisis got so bad

9th Circuit Holds Creditor May be Vicariously Liable for Debt Collectors’ Alleged TCPA Violations

Student-Debt Relief a Personal Issue for Many Lawmakers

JPMorgan CEO Jamie Dimon Calls Student Loans ‘Significant Issue’

To target ‘bad actors,’ CT demands data on student lenders from DeVos

CFPB Director Kraninger to serve as FFIEC Chairman

DON’T MISS NACBA’S UPCOMING LIVE WEBINARS!

Practice Pitfall Jeopardy: Practice Pitfalls and How to Avoid Them
Date: April 18, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Mary Beth Ausbrooks Esq., Jenny Doling Esq., Gene Melchionne & James Haller, Esq.
Register HERE

Don’t have a blooper reel for this year’s cases. This session will review common bloopers and how to avoid them in a game show format. Join our contestants who will be answering jeopardy type questions to win big prizes.

Why You Should Attend: Enjoy an actually fun way to learn how to deal with problem situations. Who will win the big candy bar?

Emerging Bankruptcy Technologies to Assist your Bankruptcy Practice
Date: June 6, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Rachel Foley Esq., Reed Almand, Esq. & James Haller Esq.
Register HERE

Busy bankruptcy attorneys are bombarded with technology choices – all promising great rewards but many coming at great expense. Learn about different technologies that can make your practice more efficient in time and cost.

Why You Should Attend: What faster way is there to improve your bottom line than being more efficient while increasing accuracy!

JOIN US AT #NACBATheLand!

Register today!

Bankruptcy News Briefs- 4/05

Friday’s news briefs read…

Dimon: U.S. student loan debt is ‘now starting to affect the economy’

Student loan relief for public servants: 38,460 applied, only 262 accepted

FDCPA – Fair Debt – The Latest Case Actually Benefits Creditors

What students can learn from the days before college loans

House Financial Services Committee Passes Consumers First Act [Podcast]

Merkley bill would assure affordable student loan repayments

Wells Fargo drops some fees on campus debit cards after criticism

Prepaid-Card Users Get Protection Guarantee

Using the bank your college recommended? Check for fees

Sears, after bankruptcy, is opening new stores for home goods

DON’T MISS NACBA’S UPCOMING LIVE WEBINARS!

Practice Pitfall Jeopardy: Practice Pitfalls and How to Avoid Them
Date: April 18, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Mary Beth Ausbrooks Esq., Jenny Doling Esq., Gene Melchionne & James Haller, Esq.
Register HERE

Don’t have a blooper reel for this year’s cases. This session will review common bloopers and how to avoid them in a game show format. Join our contestants who will be answering jeopardy type questions to win big prizes.

Why You Should Attend: Enjoy an actually fun way to learn how to deal with problem situations. Who will win the big candy bar?

Emerging Bankruptcy Technologies to Assist your Bankruptcy Practice
Date: June 6, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Rachel Foley Esq., Reed Almand, Esq. & James Haller Esq.
Register HERE

Busy bankruptcy attorneys are bombarded with technology choices – all promising great rewards but many coming at great expense. Learn about different technologies that can make your practice more efficient in time and cost.

Why You Should Attend: What faster way is there to improve your bottom line than being more efficient while increasing accuracy!

 

Bankruptcy News Briefs- 4/03

The month of April’s first news briefs are…

Bankruptcy Court Cites Achilles in Well-Heeled Analysis of Sovereign Immunity for the State Revenue Department

Supreme Court opens door (a bit) to argument that in rem foreclosures not covered by FDCPA

Taxpayers Could See IRS Improvements Under Bipartisan Bill

Consumers First Act, Aimed to Bring CFPB Back to Statutory Purpose, Passes in House Financial Services Committee

CFPB Releases 2018 HMDA Data

8 things to know about a reverse mortgage

Fox Business: What Seniors Should Know Before Taking a Reverse Mortgage

How Student Loans Impact Your Taxes

Education Dept. rejects vast majority of applicants for temporary student loan forgiveness program

Young Americans Faring Less Well in Credit Markets, New York Fed Report Finds

Bankruptcy Filings Indicate Times Are Tough For Many U.S. Farmers

House Holds Hearing on Proposed Expansive FCRA Changes

Arbitration Gets the Spotlight at Senate Judiciary Hearing

Looking under the hood of U.S. household debt

DON’T MISS NACBA’S UPCOMING LIVE WEBINARS!

Expand Your Practice with Chapter 12: A Chapter 12 Primer
Date: April 4, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Rebecca R. Garcia Esq., Chapter 13 Trustee (WI), Jan M. Sensenich Esq., Chapter 13 Trustee (VT) and James Haller Esq.
Register HERE

Chapter 12 is a powerful tool to assist debtors who qualify as farmers or fishermen. There has been an increase in chapter 12 cases filed across the country and there is a need for experienced debtors’ counsel to represent them. However many consumer attorneys are uncomfortable with chapter 12 cases because they are not aware of the different requirements and deadlines. This panel will bring you up to speed and give a primer on chapter 12 practice.

Why You Should Attend: You need to make more money and expanding your practice to include chapter 12 cases is a great opportunity.

Practice Pitfall Jeopardy: Practice Pitfalls and How to Avoid Them
Date: April 18, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Mary Beth Ausbrooks Esq., Jenny Doling Esq., Gene Melchionne & James Haller, Esq.
Register HERE

Don’t have a blooper reel for this year’s cases. This session will review common bloopers and how to avoid them in a game show format. Join our contestants who will be answering jeopardy type questions to win big prizes.

Why You Should Attend: Enjoy an actually fun way to learn how to deal with problem situations. Who will win the big candy bar?

Emerging Bankruptcy Technologies to Assist your Bankruptcy Practice
Date: June 6, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Rachel Foley Esq., Reed Almand, Esq. & James Haller Esq.
Register HERE

Busy bankruptcy attorneys are bombarded with technology choices – all promising great rewards but many coming at great expense. Learn about different technologies that can make your practice more efficient in time and cost.

Why You Should Attend: What faster way is there to improve your bottom line than being more efficient while increasing accuracy!

Bankruptcy News Briefs- 3/29

Before you start your weekend plans, read the following…

Wells Fargo CEO Quits In Wake Of Consumer Financial Scandals

ID Theft Services That Charge Are A Waste Of Money, Claims GAO

Court Approves $13.8 Million Settlement in Unwanted Loan Modifications Class Action

Veterans shouldn’t have to shoulder VA errors: VA debt collection must be improved

Law Firms Engaging in Non-Judicial Foreclosure Are Not “Debt-Collectors” Under FDCPA

Truce on IRS Debt Collection Program Wrapped Into Bipartisan Bill (2)

Law: Collectors must tell consumers they’re not required to pay deceased loved ones’ debts

‘Man, that is a lot of money’: Why PG&E spent at least $84 million on lawyers

New law will help some caught in student debt crisis

Law To Address Student Loan Debt Crisis Introduced By Fitzpatrick

How To Get The Government Out Of The Student Loan Business

DON’T MISS NACBA’S UPCOMING LIVE WEBINARS!

Expand Your Practice with Chapter 12: A Chapter 12 Primer
Date: April 4, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Rebecca R. Garcia Esq., Chapter 13 Trustee (WI), Jan M. Sensenich Esq., Chapter 13 Trustee (VT) and James Haller Esq.
Register HERE

Chapter 12 is a powerful tool to assist debtors who qualify as farmers or fishermen. There has been an increase in chapter 12 cases filed across the country and there is a need for experienced debtors’ counsel to represent them. However many consumer attorneys are uncomfortable with chapter 12 cases because they are not aware of the different requirements and deadlines. This panel will bring you up to speed and give a primer on chapter 12 practice.

Why You Should Attend: You need to make more money and expanding your practice to include chapter 12 cases is a great opportunity.

Practice Pitfall Jeopardy: Practice Pitfalls and How to Avoid Them
Date: April 18, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Mary Beth Ausbrooks Esq., Jenny Doling Esq., Gene Melchionne & James Haller, Esq.
Register HERE

Don’t have a blooper reel for this year’s cases. This session will review common bloopers and how to avoid them in a game show format. Join our contestants who will be answering jeopardy type questions to win big prizes.

Why You Should Attend: Enjoy an actually fun way to learn how to deal with problem situations. Who will win the big candy bar?

Emerging Bankruptcy Technologies to Assist your Bankruptcy Practice
Date: June 6, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Rachel Foley Esq., Reed Almand, Esq. & James Haller Esq.
Register HERE

Busy bankruptcy attorneys are bombarded with technology choices – all promising great rewards but many coming at great expense. Learn about different technologies that can make your practice more efficient in time and cost.

Why You Should Attend: What faster way is there to improve your bottom line than being more efficient while increasing accuracy!

 

 

Bankruptcy News Briefs- 3/28

Our Thursday bankruptcy and consumer headlines read…

Michigan District Court Applies Judicial Estoppel to Employment Discrimination Suit – Despite Debtor’s Disclosure of the Claim to the Bankruptcy Attorney

Illinois District Court Refuses to Adopt Categorical Rule that a Bankruptcy Disclaimer on a Post-Discharge Communication to a Debtor Excuses Debt Collector from Liability

11th Circuit Court Rejects Claim that Mortgage Statements Sought Time Barred Debt in Violation of FDCPA

Why are we getting so many robocalls?

Judge OKs $5.5B Loan Package for Embattled Utility

How Fewer Tax Refunds in 2019 Could Affect the U.S. Economy

Pimco, Other PG&E Creditors Said to Pitch $35 Billion Plan

Bitter Harvest: Debt And The Bankrupting Of The American Family Farm

DON’T MISS NACBA’S UPCOMING WEBINARS!

Ditech Chapter 11 Filing: The Good, the Bad, the Ugly, and the Really Ugly
Date: March 28, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: FREE for NACBA Members / $45 Non Member
Presenters: Tara Twomey, Esq., O. Max Gardner, Esq. and James Haller Esq.
Register HERE

Why You Should Attend:

Any consumer lawyer with any type of claim or issue involving mortgage servicing by Ditech or any Ditech Entities must learn the new signs along the Chapter 11 highway. This webinar is geared to attorneys of all levels who file bankruptcy and mortgage servicing cases.

What You Will Learn:

  • When and where Ditech filed Chapter 11, and what entities were included in filing
  • How to address automatic stay and claims against Ditech
  • What is allowed and not allowed regarding partial relief from stay
  • Who must file proof of claim, where these claims should be filed, and the bar date for filing
  • Whether you can object to Proof of Claim by Ditech in your bankruptcy case
  • Whether Ditech can foreclose post-filing of the Chapter 11 and file a Motion for Relief from stay post filing
  • Whether you can send requests for information (RFIs) and notices of error (NOEs) NOEs to Ditech under RESPA and Reg X, file counter-claims, complaints, or adversary proceedings re Ditech, and claim right of set-off or recoupment in client’s Proof of Claim

Expand Your Practice with Chapter 12: A Chapter 12 Primer
Date: April 4, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Rebecca R. Garcia Esq., Chapter 13 Trustee (WI), Jan M. Sensenich Esq., Chapter 13 Trustee (VT) and James Haller Esq.
Register HERE

Chapter 12 is a powerful tool to assist debtors who qualify as farmers or fishermen. There has been an increase in chapter 12 cases filed across the country and there is a need for experienced debtors’ counsel to represent them. However many consumer attorneys are uncomfortable with chapter 12 cases because they are not aware of the different requirements and deadlines. This panel will bring you up to speed and give a primer on chapter 12 practice.

Why You Should Attend: You need to make more money and expanding your practice to include chapter 12 cases is a great opportunity.

Practice Pitfall Jeopardy: Practice Pitfalls and How to Avoid Them
Date: April 18, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Mary Beth Ausbrooks Esq., Jenny Doling Esq., Gene Melchionne & James Haller, Esq.
Register HERE

Don’t have a blooper reel for this year’s cases. This session will review common bloopers and how to avoid them in a game show format. Join our contestants who will be answering jeopardy type questions to win big prizes.

Why You Should Attend: Enjoy an actually fun way to learn how to deal with problem situations. Who will win the big candy bar?

SAVE THE DATES

Bankruptcy News Briefs- 3/27

The midweek headlines are…

For millennials, this is the greatest hurdle to homeownership

Unanimous but Narrow SCOTUS Ruling on Fair Debt Collection Practices Act

SCOTUS Rules Foreclosure Firms Are Not “Debt Collectors” in Nonjudicial Proceedings

The Definitive List Of Rollbacks To Student Loan Protections

Application of the Fair Debt Collection Practices Act in Bankruptcy

CFPB issues annual FDCPA report

Congress considers bankruptcy reform to help struggling family farmers

Actions Needed to Strengthen Oversight of Consumer Reporting Agencies

DON’T MISS NACBA’S UPCOMING WEBINARS!

Ditech Chapter 11 Filing: The Good, the Bad, the Ugly, and the Really Ugly
Date: March 28, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: FREE for NACBA Members / $45 Non Member
Presenters: Tara Twomey, Esq., O. Max Gardner, Esq. and James Haller Esq.
Register HERE

Why You Should Attend:

Any consumer lawyer with any type of claim or issue involving mortgage servicing by Ditech or any Ditech Entities must learn the new signs along the Chapter 11 highway. This webinar is geared to attorneys of all levels who file bankruptcy and mortgage servicing cases.

What You Will Learn:

  • When and where Ditech filed Chapter 11, and what entities were included in filing
  • How to address automatic stay and claims against Ditech
  • What is allowed and not allowed regarding partial relief from stay
  • Who must file proof of claim, where these claims should be filed, and the bar date for filing
  • Whether you can object to Proof of Claim by Ditech in your bankruptcy case
  • Whether Ditech can foreclose post-filing of the Chapter 11 and file a Motion for Relief from stay post filing
  • Whether you can send requests for information (RFIs) and notices of error (NOEs) NOEs to Ditech under RESPA and Reg X, file counter-claims, complaints, or adversary proceedings re Ditech, and claim right of set-off or recoupment in client’s Proof of Claim

Expand Your Practice with Chapter 12: A Chapter 12 Primer
Date: April 4, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Rebecca R. Garcia Esq., Chapter 13 Trustee (WI), Jan M. Sensenich Esq., Chapter 13 Trustee (VT) and James Haller Esq.
Register HERE

Chapter 12 is a powerful tool to assist debtors who qualify as farmers or fishermen. There has been an increase in chapter 12 cases filed across the country and there is a need for experienced debtors’ counsel to represent them. However many consumer attorneys are uncomfortable with chapter 12 cases because they are not aware of the different requirements and deadlines. This panel will bring you up to speed and give a primer on chapter 12 practice.

Why You Should Attend: You need to make more money and expanding your practice to include chapter 12 cases is a great opportunity.

Practice Pitfall Jeopardy: Practice Pitfalls and How to Avoid Them
Date: April 18, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Mary Beth Ausbrooks Esq., Jenny Doling Esq., Gene Melchionne & James Haller, Esq.
Register HERE

Don’t have a blooper reel for this year’s cases. This session will review common bloopers and how to avoid them in a game show format. Join our contestants who will be answering jeopardy type questions to win big prizes.

Why You Should Attend: Enjoy an actually fun way to learn how to deal with problem situations. Who will win the big candy bar?

ARE YOU JOINING US AT #NACBATheLand?

Register today!

Bankruptcy News Briefs- 3/22

The weekend is almost here! Before you start your plans, read the following…

Trump exec order to hold colleges accountable for student loan debt, free speech

Student loan debt: The government broke it, and must fix it

CFPB FDCPA Report Shows Market Trends, Frowns Upon Creditors Responding Directly to Verification Requests

The college admissions scandal isn’t just about rich, entitled people

District Court: 1099-C Language May State Claim for FDCPA Violation

Staffing shortage at Education Department’s loan default units frustrates struggling borrowers

CFPB’s Kraninger reverses Mulvaney changes to advisory board

Ex-CFPB Chief Cordray Attacks Trump Administration For Retreating On Consumer Financial Protection

Many consumers cite medical expenses as drivers of bankruptcy

President Donald J. Trump is Improving Transparency and Promoting Free Speech in Higher Education

DON’T MISS NACBA’S UPCOMING WEBINARS!

Ditech Chapter 11 Filing: The Good, the Bad, the Ugly, and the Really Ugly
Date: March 28, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: FREE for NACBA Members / $45 Non Member
Presenters: Tara Twomey, Esq., O. Max Gardner, Esq. and James Haller Esq.
Register HERE

Why You Should Attend:

Any consumer lawyer with any type of claim or issue involving mortgage servicing by Ditech or any Ditech Entities must learn the new signs along the Chapter 11 highway. This webinar is geared to attorneys of all levels who file bankruptcy and mortgage servicing cases.

What You Will Learn:

  • When and where Ditech filed Chapter 11, and what entities were included in filing
  • How to address automatic stay and claims against Ditech
  • What is allowed and not allowed regarding partial relief from stay
  • Who must file proof of claim, where these claims should be filed, and the bar date for filing
  • Whether you can object to Proof of Claim by Ditech in your bankruptcy case
  • Whether Ditech can foreclose post-filing of the Chapter 11 and file a Motion for Relief from stay post filing
  • Whether you can send requests for information (RFIs) and notices of error (NOEs) NOEs to Ditech under RESPA and Reg X, file counter-claims, complaints, or adversary proceedings re Ditech, and claim right of set-off or recoupment in client’s Proof of Claim

Expand Your Practice with Chapter 12: A Chapter 12 Primer
Date: April 4, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Rebecca R. Garcia Esq., Chapter 13 Trustee (WI), Jan M. Sensenich Esq., Chapter 13 Trustee (VT) and James Haller Esq.
Register HERE

Chapter 12 is a powerful tool to assist debtors who qualify as farmers or fishermen. There has been an increase in chapter 12 cases filed across the country and there is a need for experienced debtors’ counsel to represent them. However many consumer attorneys are uncomfortable with chapter 12 cases because they are not aware of the different requirements and deadlines. This panel will bring you up to speed and give a primer on chapter 12 practice.

Why You Should Attend: You need to make more money and expanding your practice to include chapter 12 cases is a great opportunity.

Practice Pitfall Jeopardy: Practice Pitfalls and How to Avoid Them
Date: April 18, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Mary Beth Ausbrooks Esq., Jenny Doling Esq., Gene Melchionne & James Haller, Esq.
Register HERE

Don’t have a blooper reel for this year’s cases. This session will review common bloopers and how to avoid them in a game show format. Join our contestants who will be answering jeopardy type questions to win big prizes.

Why You Should Attend: Enjoy an actually fun way to learn how to deal with problem situations. Who will win the big candy bar?

EARLY BIRD REGISTRATION ENDS TODAY FOR #NACBATheLand!

REGISTER NOW!

Bankruptcy News Briefs- 3/21

Check out the following news briefs…

Texas Bankruptcy Court Says Surrender Doesn’t Require Delivery

CFPB Publishes Trend on First Time Home Buying Servicemembers

Military Loan Oversight Fight Seen As Way To Weaken Protections

The Retirement Crisis Is Much Worse Than You Think

Fed holds line on rates, says no more hikes ahead this year

Jury Trial Victory for Debt Collector Despite Denial of Summary Judgment Motion, Class Certification

Justices Limit Reach of Debt Collection Law In Foreclosures (3)

Trademarks, Bankruptcy, and Leverage: What Manufacturers and Other Trademark License Parties Should Know About A Potential Landmark Case Before the Supreme Court

DON’T MISS NACBA’S UPCOMING WEBINARS!

3002.1 A Mortgage Odyssey Workshop
Date: Thursday, March 21 AND Friday March 22, 2019
Time: 3:00 PM EST to 6:00 PM EST – BOTH DAYS
Cost: $99 Member / $149 Non Member
Presenters: Marc Dann, Esq., John Rao, Esq., Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The Panel will discuss:

1) Introduction to 3002.1
a. Requirements for lenders
b. Forms that must be used
c. Information that must be disclosed
d. Changes to 3002.1 effective December 1, 2018

2) Use of 3002.1 in bankruptcy court to challenge fees and payment changes
a. Example cases and briefs
b. Results for clients and
c. Attorneys fees for debtor’s counsel

3) Use of 3002.1 along with other rules (e.g. Reg X) to bring suits against mortgage companies outside of bankruptcy court.
a. FDCPA
b. FCRA
c. TILA
d. RESPA

Why You Should Attend: You want to earn additional attorneys fees reviewing all of those mortgage payment changes. Join our panel to find out how.

Ditech Chapter 11 Filing: The Good, the Bad, the Ugly, and the Really Ugly
Date: March 28, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: FREE for NACBA Members / $45 Non Member
Presenters: Tara Twomey, Esq., O. Max Gardner, Esq. and James Haller Esq.
Register HERE

Why You Should Attend:

Any consumer lawyer with any type of claim or issue involving mortgage servicing by Ditech or any Ditech Entities must learn the new signs along the Chapter 11 highway. This webinar is geared to attorneys of all levels who file bankruptcy and mortgage servicing cases.

What You Will Learn:

  • When and where Ditech filed Chapter 11, and what entities were included in filing
  • How to address automatic stay and claims against Ditech
  • What is allowed and not allowed regarding partial relief from stay
  • Who must file proof of claim, where these claims should be filed, and the bar date for filing
  • Whether you can object to Proof of Claim by Ditech in your bankruptcy case
  • Whether Ditech can foreclose post-filing of the Chapter 11 and file a Motion for Relief from stay post filing
  • Whether you can send requests for information (RFIs) and notices of error (NOEs) NOEs to Ditech under RESPA and Reg X, file counter-claims, complaints, or adversary proceedings re Ditech, and claim right of set-off or recoupment in client’s Proof of Claim

Expand Your Practice with Chapter 12: A Chapter 12 Primer
Date: April 4, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Rebecca R. Garcia Esq., Chapter 13 Trustee (WI), Jan M. Sensenich Esq., Chapter 13 Trustee (VT) and James Haller Esq.
Register HERE

Chapter 12 is a powerful tool to assist debtors who qualify as farmers or fishermen. There has been an increase in chapter 12 cases filed across the country and there is a need for experienced debtors’ counsel to represent them. However many consumer attorneys are uncomfortable with chapter 12 cases because they are not aware of the different requirements and deadlines. This panel will bring you up to speed and give a primer on chapter 12 practice.

Why You Should Attend: You need to make more money and expanding your practice to include chapter 12 cases is a great opportunity.

Bankruptcy News Briefs- 3/20

Today’s consumer and bankruptcy headlines read…

Georgia Bankruptcy Court Reviews Case Split on Bases to Amend Plan Under 1329 (Subtitle: When the Original Plan was Confirmed with Inclusion of SSI Benefits, Can the Debtor Later Amend the Plan to Remove That Contribution?)

White House proposes caps on student loan borrowing

Advocacy group director calls student debt a ‘crisis’ for economy

CFPB’s Upcoming Debt Collection Proposed Rule: What to Expect on Timing

FDCPA Violation Contrived by Consumer and Attorney? Doesn’t Matter, N.D. Ill. Refuses to Find an “Unclean Hands” Defense for Debt Collector

California opposes efforts by Trump administration to delay protections from payday lenders

HPA Compliance Is Back in the CFPB’s Crosshairs

DON’T MISS NACBA’S UPCOMING MARCH WEBINARS!

3002.1 A Mortgage Odyssey Workshop
Date: Thursday, March 21 AND Friday March 22, 2019
Time: 3:00 PM EST to 6:00 PM EST – BOTH DAYS
Cost: $99 Member / $149 Non Member
Presenters: Marc Dann, Esq., John Rao, Esq., Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The Panel will discuss:

1) Introduction to 3002.1
a. Requirements for lenders
b. Forms that must be used
c. Information that must be disclosed
d. Changes to 3002.1 effective December 1, 2018

2) Use of 3002.1 in bankruptcy court to challenge fees and payment changes
a. Example cases and briefs
b. Results for clients and
c. Attorneys fees for debtor’s counsel

3) Use of 3002.1 along with other rules (e.g. Reg X) to bring suits against mortgage companies outside of bankruptcy court.
a. FDCPA
b. FCRA
c. TILA
d. RESPA

Why You Should Attend: You want to earn additional attorneys fees reviewing all of those mortgage payment changes. Join our panel to find out how.

Ditech Chapter 11 Filing: The Good, the Bad, the Ugly, and the Really Ugly
Date: March 28, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: FREE for NACBA Members / $45 Non Member
Presenters: Tara Twomey, Esq., O. Max Gardner, Esq. and James Haller Esq.
Register HERE

Why You Should Attend:

Any consumer lawyer with any type of claim or issue involving mortgage servicing by Ditech or any Ditech Entities must learn the new signs along the Chapter 11 highway. This webinar is geared to attorneys of all levels who file bankruptcy and mortgage servicing cases.

What You Will Learn:

  • When and where Ditech filed Chapter 11, and what entities were included in filing
  • How to address automatic stay and claims against Ditech
  • What is allowed and not allowed regarding partial relief from stay
  • Who must file proof of claim, where these claims should be filed, and the bar date for filing
  • Whether you can object to Proof of Claim by Ditech in your bankruptcy case
  • Whether Ditech can foreclose post-filing of the Chapter 11 and file a Motion for Relief from stay post filing
  • Whether you can send requests for information (RFIs) and notices of error (NOEs) NOEs to Ditech under RESPA and Reg X, file counter-claims, complaints, or adversary proceedings re Ditech, and claim right of set-off or recoupment in client’s Proof of Claim

Bankruptcy News Briefs- 3/19

This Tuesday’s consumer and bankruptcy news is…

Trump administration cites student loans, decreasing birthrates as major economic risks

CFPB and NYAG File Opening Briefs with Second Circuit in RD Legal Funding Case

CFPB Seeks to Enforce CID Against Law Firm

Fifth Circuit hears oral argument in All American Check Cashing

What Is in a Name? The Third Circuit Holds That Debt Buyers Can Be Debt Collectors under the FDCPA

REGISTER FOR NACBA’S NEW UPCOMING WEBINARS!

3002.1 A Mortgage Odyssey Workshop
Date: Thursday, March 21 AND Friday March 22, 2019
Time: 3:00 PM EST to 6:00 PM EST – BOTH DAYS
Cost: $99 Member / $149 Non Member
Presenters: Marc Dann, Esq., John Rao, Esq., Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The Panel will discuss:

1) Introduction to 3002.1
a. Requirements for lenders
b. Forms that must be used
c. Information that must be disclosed
d. Changes to 3002.1 effective December 1, 2018

2) Use of 3002.1 in bankruptcy court to challenge fees and payment changes
a. Example cases and briefs
b. Results for clients and
c. Attorneys fees for debtor’s counsel

3) Use of 3002.1 along with other rules (e.g. Reg X) to bring suits against mortgage companies outside of bankruptcy court.
a. FDCPA
b. FCRA
c. TILA
d. RESPA

Why You Should Attend: You want to earn additional attorneys fees reviewing all of those mortgage payment changes. Join our panel to find out how.

Expand Your Practice with Chapter 12: A Chapter 12 Primer
Date: April 4, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Rebecca R. Garcia Esq., Chapter 13 Trustee (WI), Jan M. Sensenich Esq., Chapter 13 Trustee (VT) and James Haller Esq.
Register HERE

Chapter 12 is a powerful tool to assist debtors who qualify as farmers or fishermen. There has been an increase in chapter 12 cases filed across the country and there is a need for experienced debtors’ counsel to represent them. However many consumer attorneys are uncomfortable with chapter 12 cases because they are not aware of the different requirements and deadlines. This panel will bring you up to speed and give a primer on chapter 12 practice.

Why You Should Attend: You need to make more money and expanding your practice to include chapter 12 cases is a great opportunity.

Practice Pitfall Jeopardy: Practice Pitfalls and How to Avoid Them
Date: April 18, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Mary Beth Ausbrooks Esq., Jenny Doling Esq., Gene Melchionne & James Haller, Esq.
Register HERE

Don’t have a blooper reel for this year’s cases. This session will review common bloopers and how to avoid them in a game show format. Join our contestants who will be answering jeopardy type questions to win big prizes.

Why You Should Attend: Enjoy an actually fun way to learn how to deal with problem situations. Who will win the big candy bar?

WE LOOK FORWARD TO SEEING YOU IN CLEVELAND!

Register to join #NACBA at #NACBATheLand!