Fall Workshop

Bankruptcy News Briefs 9/14

Thursday’s Headlines…

Court Sanctions Plaintiff’s Attorney a Second Time in FDCPA Case

CFPB Report Highlights Debt Collection Issues; Collectors AND Creditors Should Take Note

In Chapter 7 IRA Exemption Protects Funds even if not Rolled Over

CFPB Releases Latest Supervisory Highlights Report

Consumer Spending on the Rise While Savings Rate Declines

No Jurisdiction over Appeal of District Court Vacation of Confirmation Order

9th Circuit Tackles Arbitration Involving State-Sponsored Debt Collection

Debt collector accused of violating federal law

FTC Cracks Down on Lead Generation Company’s Indiscriminate Sharing of Consumers’ Sensitive Data

Debtor Who failed to Disclose $5,000 in Lockbox Received Discharge since UST Failed to Show Requisite Intent

Record Household Debt Limits GDP Growth Going Forward (Article 8 Of 10)

Collection of Periodic Mortgage Payments Does Not Violate the Discharge Injunction

BAP says District’s Model Chapter 13 Plan did Not Exceed the Bankruptcy Court’s Rule-Making Authority

 

Don’t miss NACBA’s 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

Please sign into your NACBA Member Account to Register now for Hill Day at Home!

DEADLINE TO REGISTER IS FRIDAY, SEPTEMBER 22, 2017

Upcoming Webinar!

DATE: Thursday, September 21, 2017 @ 3:00 PM Eastern to 4:15 PM Eastern
PRESENTED BYEdward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
COST: $25 Member / $75 Non Member
REGISTERHERE
DATE: Thursday, September 14, 2017 @ 4:00 PM Eastern to 4:45 PM Eastern
PRESENTED BYJames Haller, Esq., Sulaiman Law Group Ltd. Chicago, IL
COST: $25 Member / $75 Non Member
REGISTERHERE

NACBA Events

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 8/31

Take A Moment to Read the Headlines…

Study: Millennials’ Credit Card Use is On the Decline

Wells Fargo: There were nearly 70 percent more potentially fake accounts opened than originally thought

TCPA Case Law Review for July and August 2017

New Collection Letter Lawsuits in California and New York: What Your Agency Needs to Know Now

Debtor Could Not Counter Motion to Lift Automatic Stay with Proposal to Pay Post-Petition Arrears on New Payment Schedule, as that would be an Alteration of Payment Terms in Violation of the Anti-Modification Clause in §1322(b)(2)

Debt Collector Fined $25 Million

Butte County couple accuse debt collector of FDCPA violations

Debt settlement a bad alternative to bankruptcy

Debtor Who is Neither a U.S. Citizen nor a Permanent Resident May Claim Florida’s Homestead Exemption

Recent Massachusetts AG consent order places new requirements on debt collection law firm

San Diego firm supposedly defamed and abused process with Philly plaintiff

Upcoming Webinar!

DATE: Thursday, September 21, 2017 @ 3:00 PM Eastern to 4:15 PM Eastern
PRESENTED BYEdward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
COST: $25 Member / $75 Non Member
REGISTERHERE

NACBA Events

  • NACBA’s 2017 Hill Day at Home October 16- October 20, 2017.
  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 8/28

Fresh Headlines for a New Week…

Clark v. Rameker Does Not Limit State IRA Exemption

Consumer Litigation Cases Decline Under FCRA, FDCPA, and TCPA

From the Web: Survey Shows Most Consumers Lag in Checking Credit Report

Circuit Court: Disallowed Portion of State’s DSO Claim Not Subject to the Discharge Injunction

Chapter 13 Debtor May Confirmed Plan to Surrender Collateral and Reclassify Claim as Unsecured

CFPB Could Scale Back Payday Lending Rule To Get It Done

Wells Fargo wants court to toss overdraft lawsuits and let it use arbitration

CFPB Issues Temporary Amendment to HMDA Rule Reporting Threshold

Trustee’s Motion to Dismiss Chapter 7 Case for Bad Faith was Untimely and Moot when filed 4 Months After Debtor Received Discharge

CFPB’s New Regulatory Inquiry Process: Ask And Ye Shall Receive?

Eleventh Circuit Recognizes Partial Consent Revocation under the TCPA

CFPB releases state-level data on student debt impact on older borrowers

Quality Over Quantity

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners will be selected at random each month.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

Take an in-depth look at, “The Bankruptcy Crisis in Chicago,” with authors, Steven Fox and J. Scott Bovits in today’s Consumer Bankruptcy Journal highlight.

Exciting Upcoming Events!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

 

Bankruptcy News Briefs 8/15

In Tuesday’s Headlines…

Suit against federal student loan servicer can proceed

Chapter 13 Debtor, Who Could Not Get Automatic Stay, Had Standing to Enforce Co-Debtor Stay, and the Post-petition Sale of Her Home was Void

Amazon Prime, eBay Passwords Sought from Bankruptcy Debtors

Sen. Warren questions bank CEOs on CFPB’s plan to eliminate arbitration clause

No interest? No Disclosure? No Problem!

Debt Collector Prevails by Using Safe Harbor Language on Letters in Current Balance Case

Court Rules That Purchaser of Defaulted Debt Is Not “Debt Collector” Under FDCPA

NACBA Webinars!

 

 

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
Register: HERE

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners will be selected at random each month.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

 

 

 

 

 

 

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the requirements and start referring today!

Exciting Upcoming Events!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

 

Bankruptcy News Briefs 7/26

Midweek Headlines…

House GOP Passes Congressional Review Act Resolution Against CFPB Mandatory Arbitration Rule

Oregon Debt Collection Bill Passes House and Senate

From Collector: The Question of Rule 68

Plaintiff May Get Rehearing in TCPA Revocation of Consent Case

Bankr SD Fla.: Bank Could Not Compel Debtors to Surrender Home Where Bank Dismissed Foreclosure and Entered Into Loan Modification Negotiation with Debtors

Debtor’s Personal Injury Proceeds Remained Exempt Even After Commingled with Other Funds

House Votes to Strip Americans’ Right to Their Day in Court

Objections to Claims Must have a Factual or Legal Basis; Merely Alleging Non-compliance with FRBP 3001 is Not Sufficient

Do Americans Really Support the CFPB?

Fees Dropping On State Prepaid Cards for Unemployed Workers

House Republicans Vote To Kill CFPB Rule That Was Called A Gift To Class Action Lawyers

Fair Collections & Outsourcing Inc. accused of misrepresentation in debt collection

U.S. Consumer Confidence Rose in July — Update

Over 600 get debt forgiveness after Attorney General settles with Virginia Beach credit lender

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners will be selected at random each month.

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the requirements and start referring today!

Register for NACBA’s August Webinar

Get ready for another stellar webinar in August! Register Today!

 

Exciting Upcoming Events!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havan, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Hurricane Matthew Forces Cancellation of NACBA Workshop

Hurricane Matthew Forces Cancellation of NACBA Workshop
Dan LaBert | Latest News | October 4, 2016

It is with great regret to inform you that due to Hurricane Matthew and the current weather forecast issued for Miami and the Bahamas, NACBA has made the decision to cancel the 2016 Fall Workshop.

Given workshop attendees will be traveling from all parts of the country on Thursday and Friday AM when the storm is predicted to be hitting Miami, we believe in applying common sense and putting the safety of our members as the #1 priority.

Additional factors in canceling the workshop were as follows:

  • As of 5:00 PM Est. on Tuesday, the latest update has the storm tracking in a westerly direction. Florida Governor: Prepare for direct hit from Hurricane Matthew
  • The National Hurricane Center formally issuing both a hurricane watch and tropical storm warnings for Miami including points north and south of the city.
  • The state of Florida has issued a state of emergency due to expected hurricane conditions.
  • Travel advisories have been issues by almost all major airlines.
  • The threat to the entire Southeast Coast continues to grow.
  • POTUS canceled trip to Florida due to Hurricane Matthew.
  • Other legal associations have canceled their travel to the hurricane impacted area.
  • Even though the cruise line would re-route from the Bahamas to the Florida Keys, Key West is now embracing for storm impact.
  • Speaking with a cruise-line professional, even if the hurricane were to pass Miami by the time of our sailing, waters are expected to be “rough, choppy and possible bouts of sea sickness” will ensue.

As you may know, Royal Caribbean has not been forthcoming with information as they are trying to wait out any decision. Their website has not been updated in a timely fashion. The problem with their process is that it does not account for travel into Miami. Several of the workshop attendees and presenters are flying from the West Coast. They do not have the luxury of changing their flight to Thursday or Friday AM when conditions are expected to worsen.

Please know, NACBA will issue registration and cabin refunds (assuming you booked through the NACBA cruise agent) in a timely matter. We will also work with Royal Caribbean on postponing the cruise to a later date. Additionally, NACBA will consider a virtual format for the presentations that were to take place on board.

While we are terribly upset to cancel such an exciting event, the safety of NACBA members and their families take precedent over everything else. We have made every attempt to keep all attendees informed. We hope this decision will allow you to make the appropriate adjustments to your travel plans.

Thank you in advance for your understanding.

Bankruptcy News Briefs 10/4

Check Out The News…

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Credit Card Delinquencies Decline in 2016

Will Supreme Court Provide Definitive Answer on Whether Filing Proof of Claim on Out-of-Statute Debt is an FDCPA Violation?

IRS’s Planned Use of Private Debt Collectors Causing Concern

 Detroit defeats pensioners’ appeal over bankruptcy cuts

The fight over new payday lending rules gets nasty

Court Filings Subject To FDCPA, Says Seventh Circuit

Upcoming NACBA Events

Save the Date for NACBA’s Silver Anniversary Annual Convention

2017 NACBA’s 25th Annual Convention
Thursday, May 4’th – Sunday, May 7’th, 2017
Orlando, Florida

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 10/3

It’s a Brand New Month with New Headlines…

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ACA Submits Comments on CFPB’s Proposed Consumer Complaint Closing Survey

Federal Student Loan Default Rates Continue to Decline

When CFPB Finds Deception Regardless Of A Lender’s Intent

Do I have to make all my post-petition mortgage payments to my bank during a chapter 13 case to receive my discharge?

Education Dept. Is Sued Over Debt Collection From Former Corinthian Students

Financial protection bureau concerned by some student loan servicers’ practices

Judge throws out three FDIC lawsuits over soured mortgage debt

Company allegedly targeting troops must provide $96 million in debt relief

Massachusetts Consumer Advocates Fight Debt Collectors

Upcoming NACBA Events

Sail-Away-1024x551 (1)

NACBA’s 2016 Fall Workshop is Only Days Away!

Pack your bags and set sail for the 2016 NACBA Fall Workshop on October 6th-9th for stellar sessions, excellent presenters, CLE, networking and a little relaxation!  Get all the details and register today!

Save the Date for NACBA’s Silver Anniversary Annual Convention

2017 NACBA’s 25th Annual Convention
Thursday, May 4’th – Sunday, May 7’th, 2017
Orlando, Florida

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 9/30

News Leading Into the Weekend…

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CFPB Complaint Snapshot Shows Little Change in 2015/16 Average Debt Collection Complaints

U.S. District Court Rules Letter with Internal Reference Number Does Not Violate FDCPA

Cert. Petitions Filed in FDCPA Cases

Advocates Disappointed Private Debt Collectors Will Begin Collecting Federal Tax Debts

 CFPB Finds Consumers Save When Incentivized

Warren joins complaints against debt collection practices

Couple accuses debt collection agency of violating phone laws

Massachusetts AG Settles Abusive Debt Collection Claims Against Mortgage Servicer

Bankruptcy Procedure in the Context of Turnover and Preference Law

How student loan debt causes a chain reaction in the housing market

Upcoming NACBA Events

Sail-Away-1024x551 (1)

NACBA’s 2016 Fall Workshop is Only Days Away!

Pack your bags and set sail for the 2016 NACBA Fall Workshop on October 6th-9th for stellar sessions, excellent presenters, CLE, networking and a little relaxation!  Get all the details and register today!

Save the Date for NACBA’s Silver Anniversary Annual Convention

2017 NACBA’s 25th Annual Convention
Thursday, May 4’th – Sunday, May 7’th, 2017
Orlando, Florida

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 9/29

Check Out Today’s Headlines…

nacbapicture

TCPA Case Law Review for August 2016

U.S. District Court Rules Letter with Internal Reference Number Does Not Violate FDCPA

LendUp Feels Growing Pains As CFPB Orders Payment for Misleading Practices

Unsecured Creditors May Expect Better Recoveries in Bankruptcy

Wells Fargo Isn’t the Only Bank That Draws Cross-Selling Complaints

House Democrats Push CFPB for Stronger Payday Rule

CFPB September 2016 complaint report highlights money transfer complaints, complaints from Pennsylvania consumers

Advocates seek more limits on debt collectors

Monthly Consumer Litigation Increases for FDCPA; TCPA Cases Decline

Upcoming NACBA Events

Sail-Away-1024x551 (1)

NACBA’s 2016 Fall Workshop is Only Days Away!

Pack your bags and set sail for the 2016 NACBA Fall Workshop on October 6th-9th for stellar sessions, excellent presenters, CLE, networking and a little relaxation!  Get all the details and register today!

Save the Date for NACBA’s Silver Anniversary Annual Convention

2017 NACBA’s 25th Annual Convention
Thursday, May 4’th – Sunday, May 7’th, 2017
Orlando, Florida

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!