Author: Dan LaBert

Association Executive @NACBAorg, Fmr. NFL Scout @4for4football, Sports Radio/TV Host, Fantasy Football Guru, Penn State Alum, @BrewersofPA #runDisney

Bankruptcy Briefs 9/8/14

U.S. Personal Bankruptcy Filings to Drop to Lowest Level in 7 Years

A Bite. A Bankruptcy. A $100,000 Bill.

Schumer Anti-Inversion Tax Plan Could Reach Back to 1994

Smart money: Old bankruptcy shouldn’t impact new wife’s credit

A Fairer Shot for Student Debtors

Geoffrey Edelsten faces losing multiple properties, shares and cars as U.S bankruptcy trustee chases him for debts of more than $50 million

Renew Your NACBA Membership

Join the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy

Bankruptcy Briefs 9/7/14

The Broke and the Beautiful: Almost Over Edition

Lights, Camera, Bankruptcy

Shane Filan back in black after bankruptcy with autobiography and Asia Tour

Bridgeport mayor facing drug charge files for bankruptcy

Turner Grain President Dale Bartlett Files for Bankruptcy

A Plan to Fix All of America’s Detroits

5 things to know about Milwaukee church bankruptcy

Renew Your NACBA Membership

Join the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy

Bankruptcy Briefs 9/5/14

Better Business Bureau warns Arizona consumers about student loan consolidation service

Elizabeth Warren, in spotlight, hits ‘Late Show With David Letterman’

Judge dismisses Argosy bankruptcy case

Discussion of recent law suits filed by the Illinois Attorney General against two major student loan providers.

Tomball woman accused of hoarding collies appears in bankruptcy court

Detroit’s Bankruptcy Judge Challenges Major Creditors

AriZona iced tea brand co-founders make final pitch in NY trial

Tucson attorney appointed as federal bankruptcy judge

Mistakes to Avoid When Contemplating Bankruptcy

Renew Your NACBA Membership

Join the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy

NACBA Member Profile: Joshua Cohen

Based on random sampling of NACBA’s membership, the Member Profile strives to answer the question: Who are Consumer Bankruptcy Attorneys? It looks at a variety of economic and demographic characteristics, as well as, business practices and “war stories.” NACBA is and always will be your “Your Practice Partner!”

Allow us to introduce, our “Practice Partner,” Attorney Joshua Cohen of Vermont,  NACBA Member since January 2012.

Joshua Cohen is a solo practitioner whose practice is based in West Dover, Vermont. A graduate of Quinnipiac University School of Law, Josh spent two years as a law clerk at the Consumer Law cohenGroup, a private law firm dedicated to consumer issues. There Josh worked on FDCPA and FCRA issues. During law school, Josh interned at Connecticut Legal Services working on the Consumer Law Project for Elders. In November 2008, Josh went solo, starting his own consumer law firm, which included working on student loan issues. Within a year, Josh had a unique focus on student loan law and within 18 months nearly 90% of his cases involved student loans. Josh has given numerous trainings on student loan law, including CLE and webinar courses for NACBA, NACA, NCLC, and bar associations in Connecticut and Oklahoma as well as legal aid in New Jersey and Vermont. Demand for student loan law is so high that Josh now runs a Workshop to teach consumer attorneys how to help clients with student loan issues. Josh has filed numerous cases, both individual and class actions, against the student loan industry, including companies like Sallie Mae, Citibank, General Revenue Corporation, Van Ru, Enterprise Recovery Systems, Immediate Credit Recovery and GC Services. Josh holds a BA in Psychology from Brandeis University and an MBA from the University of Phoenix. He is a member of the Connecticut and Vermont State Bars, as well as, the Federal Districts of Connecticut and Vermont.

Most challenging case:

My most challenging case was early on in my legal career, having been retained just 3 months after being admitted to the bar. It was a student loan issue. My client was denied a forbearance when she should not have been which led to her loan defaulting and a huge domino effect. It took three years, but resolution was finally reached. It was a claim based on State law. The challenge was dealing with the preemption argument brought by the Defendant – did the Higher Education Act preempt my client’s State law claim. In the end, no it did not. That one decision has paved the way for me and other attorneys working on student loan issues.

Best advice you received from the national listserv:

No such thing. It’s all so helpful, and sometimes daunting to see the amount of information that can be gained on any particular subject.

The NACBA benefit you couldn’t live without:

The listserv. A constant resource for anything and everything that could be needed regarding bankruptcy.

How many years have you been practicing?

I’ve been in practice for six (6) years.

Who is your mentor – who do you look up to professionally?

A variety of folks. I find different mentors for different things. Some know 7’s well, others know 13’s better. Some have great marketing ideas.

What is your favorite part of being a consumer bankruptcy attorney?

Funny question for me. I am just starting to do bankruptcy work, mostly to bring student loan discharge cases. Someone has to do it, why not me?

Name an area of the law that you’d like to learn more about:

Bankruptcy in general. I think it is near impossible to know it all. But the listserve makes it unnecessary as there is always a few experts in different areas that can help.

For further information on solving student loan issues, you can contact Joshua Cohen via his website http://thestudentloanlawyer.com/ or Twitter http://twitter.com/studentloanlaw

Bankruptcy Briefs 9/4/14

CFPB Ramps Up Scrutiny of Credit-Card Issuers

Federal Program Helps Keep Some Delinquent Borrowers in Their Homes

Who is Judge Steven Rhodes?

Were You Foreclosed on in North Carolina? You May Be Owed Money!

Developer Jack Antaramian’s company files for bankruptcy protection

Detroit’s historic bankruptcy trial to begin

Leafs Ice Center bondholders could lose big from bankruptcy plan

Trump Taj Mahal May Be Headed for Bankruptcy

Renew Your NACBA Membership

Join the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy

Bankruptcy Briefs 9/3/14

How Can I Get Rid of My Private Student Loans if I’m Disabled?

Is It Too Late For Bankruptcy?

Banks Face More Oversight of Ability to Weather Credit Crunch

Amusement park trustees hire bankruptcy attorney

Judge denies hold-out Detroit creditor motions to block evidence

No Unfinished-Business Fees for Coudert: Business of Law

Renew Your NACBA Membership

Join the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy

Bankruptcy Briefs 9/2/14

Education Department renegotiates contracts with student loan servicers

Was Romney right about bankruptcy?

Anthem Bows Out

Angelo Mozilo Speaks: No Regrets at Countrywide

What’s at Stake in Detroit’s Historic Bankruptcy Trial

Renew Your NACBA Membership

Join the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy

NCBRC Protects the Integrity of the Bankruptcy System

Posted below is a brief snippet from Legal Ink Magazine that recently featured the National Consumer Bankruptcy Rights Center (NCBRC). Legal Ink Magazine is collaboration effort spearheaded by Attorney Credits and is distributed to over 160,000 attorneys. NACBA Attorneys could visit Attorney Credits for on-demand CLE and a special member benefit.

Each year, millions of individuals and families across the country struggle to pay their bills. Often financial distress follows on the heels of other unanticipated events such as job loss, divorce, substantial out-of-pocket medical expenses and natural disasters. Bankruptcy may provide these debtors with the opportunity for a fresh start. The Bankruptcy Code grants financially distressed debtors certain rights that are critical to the proper functioning of the bankruptcy system as a whole. However, bankruptcy debtors, lacking both financial resources and exposure to the bankruptcy system, often do not have the ability to protect the integrity of the bankruptcy system and preserve the bankruptcy rights of consumer debtors more generally. The National Association of Consumer Bankruptcy Attorneys’ Amicus Project was created to fill that vacuum, and in 2010 the NACBA Board founded the National Consumer Bankruptcy Rights Center (NCBRC) to further the mission.

NCBRC provides assistance either by working directly with debtors’ attorneys or by filing amicus briefs in courts throughout the country. In cases with the potential to affect consumer debtors throughout the county, NCBRC’s amicus curiae briefs address broader issues so that the legal effects of courts’ decisions do not depend solely on the parties directly involved in the case. Since its founding NCBRC has filed more the 40 amicus briefs in courts throughout the country. Recent examples of NCBRC Amicus Briefs:

READ MORE: Protecting Social Security Benefits, Preserving Earned Income Tax Exemption & Defending Debtor’s Homestead Exemption.

Bankruptcy Briefs 8/29/14

Ocwen’s Errors Force Debtors into Bankruptcy

What is the Earned Income Tax Credit, and How Can It Help You?

Inside the Dark, Lucrative World of Consumer Debt Collection

Crumbs to reopen after sale

Saab Auto Owner Files Again for Bankruptcy Protection

Barclays Agrees to Lend Detroit $275 Million to Exit Bankruptcy

Renew Your NACBA Membership

Join the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy