NACBA Membership Promotion

Bankruptcy News Briefs 11/6

Check Out Monday’s New Stories…

Credit Card Market Continues to Grow as Economy is on the Upswing

Trump Kills Cordray’s Arbitration Rule; Would He Do the Same for Debt Collectors?

CFPB Settlement With Student Loan Trust Raises Red Flags

§349 Required that Funds held by Chapter 13 Trustee be Paid to the Debtor Upon Dismissal

Chapter 13 Debtors’ Plan Could Discriminate in Favor of Student Loans Since they had Reasonable Bases for the Proposed Discrimination

All Oklahoma Sheriffs Named in Debt-Collection Lawsuit

Vanquish a phantom debt for good

Consumer Watch: Debt payment tips to keep strong credit rating

Are rising debt loads and declining protections too much for consumers?

Register for November’s Webinar!

How to Introduce an Appraiser’s Testimony and Appraisal as Evidence in Bankruptcy Court

Date: Thursday, November 9, 2017, 3:00 PM – 4:15 PM Eastern
Presented By: James J. Haller, Esq.
Cost:  $25 Member / $75 Non Member
Register: HERE

What’s New at NACBA?

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver! Registration opens November 13,2017!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! 

Bankruptcy News Briefs 11/2

Check Out The Headlines Making News…

President Donald Trump Signs Repeal of CFPB’s Mandatory Arbitration Rule

FTC Bans Operators of Debt Collection Scheme from Industry

Judge Braden Denies Pending Motions in Dept. of ED Debt Collection Matter

Chapter 13 Debtor Can Put Earnings Into 401(k)

Supreme Court Struggles With Who’s an ‘Insider’ in Bankruptcy

Bankruptcy Provisions Signed Into Law Help Farmers, Add Judges

Second Circuit Declines to Rehear Decision on Revoking TCPA Consent

Postpetition 401(k) Contributions are Allowable Deductions in Calculating Disposable Income for Chapter 13 Plan Purposes

Supreme Court Set for Argument in ‘High Stakes’ Bankruptcy Case

Abandonment May Not Be Revoked Upon Unexpected Increase in Value

Trump Kills Cordray’s Arbitration Rule; Would He Do the Same for Debt Collectors?

Register for November’s Webinar!

How to Introduce an Appraiser’s Testimony and Appraisal as Evidence in Bankruptcy Court

Date: Thursday, November 9, 2017, 3:00 PM – 4:15 PM Eastern
Presented By: James J. Haller, Esq.
Cost:  $25 Member / $75 Non Member
Register: HERE

What’s New at NACBA?

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver! Registration opens November 13,2017!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! 

Bankruptcy News Briefs 10/31

Dive Into Tuesday’s Headlines…

Indiana District Court Adopts Supreme Court’s Analysis of Definition of a Debt Collector

FCC to Vote on Narrow Call Blocking Rules at November Open Meeting

House Subcommittee Continues Conversation on Data Security

From the Web: ‘GOP in Uncharted Territory Rolling Back Rules Through Resolutions’

CFPB Hunts Down Mortgage Delinquencies With New Online Tool

CFPB: Mortgage Delinquency Rates Reach Post-Crisis Lows

US Banks: Is Rising Consumer Debt a Concern?

Congressional Override Offers Industry Reprieve from CFPB Arbitration Rule but Battles Ahead Still Likely

State Regulators: Let Us Handle the Student Loan Industry

Liz Weston: Equifax hack isn’t over — more risks ahead

Bankruptcy filing may send homeowners packing

Waivers of Jury Trials and Lawsuits in Bankruptcy Cases

Register for November’s Webinar!

How to Introduce an Appraiser’s Testimony and Appraisal as Evidence in Bankruptcy Court

Date: Thursday, November 9, 2017, 3:00 PM – 4:15 PM Eastern
Presented By: James J. Haller, Esq.
Cost:  $25 Member / $75 Non Member
Register: HERE

What’s New at NACBA?

 It’s The End of the Month Renew Your Membership for a Chance to Win 2 Great Resources!

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver! Registration opens November 13,2017!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! 

Bankruptcy News Briefs 10/26

Thursday’s Headlines…

Senate Votes to Repeal Americans’ Day in Court; Gives Wall Street a Huge Win

Language Preference Question in Uniform Mortgage Application Will Help Borrowers Gain Access to the Mortgage Market

Education Secretary Delays Student Loan Borrower Defense Rules

From the Web: Mortgages, Credit Cards Are Leading Forms of Debt for Consumers

Opinion: Senate vote overturning CFPB rule is a blow to consumer protections

Vanquish a phantom debt for good

Connecticut’s New Net Worth Requirement for Collectors

CFPB Highlights Supervisory Findings Related to Credit Cards

Stellar Recovery Secures Significant Fair Debt Collections Practices Act Victory

Trustees Triumph

Cities Seeking Debt Assistance From State Can’t File For Bankruptcy, Lawmakers Say

Bankruptcy filings for IED suspect show unpaid medical bills, crippling debt

Connecticut Senate Passes Budget With Rescue for Hartford

Register for NACBA’s Webinars!

Top 10 Ways to Drastically Increase Lead Conversion

Date: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
Presented By: Stephen Fairley, Founder & CEO of The Rainmaker Institute
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

How to Introduce an Appraiser’s Testimony and Appraisal as Evidence in Bankruptcy Court

Date: Thursday, November 9, 2017, 3:00 PM – 4:15 PM Eastern
Presented By: James J. Haller, Esq.
Cost:  $25 Member / $75 Non Member
Register: HERE

What’s New at NACBA?

NACBA Membership Promotion! 

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver! Registration opens November 13,2017!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! 

Bankruptcy News Briefs 10/13

Headlines Kicking Off the Weekend…

House Financial Services Committee Passes Legislation Against Operation Choke Point

Perkins Loan Federal Student Aid Program Expires

Latest Deadline Passes in Dept of ED Collection Case; Judge Sets New Deadline

Court Takes a Hard Line on Curing Direct Mortgage Payment Default

Help the CFPB Stop Predatory Loans From Ruining Lives

3 District Court Decisions Highlight Limits To CFPB Claims

Payday Debt Collector, Servicer Must Forgive $12M

Mortgage Abuses Against Seniors Top List Of Consumer Complaints

Debt Collector Defeats FDCPA Suit with Bona Fide Error Defense

Legislation Would Legalize ‘Valid When Made’ Rule

JPMorgan, Citigroup Expect More Credit-Card Users to Default

Solve the Student Debt Crisis

§523(a)(9) Exception to Discharge for Damage Caused by Drunk Driving Does Not Apply to Debtor Who Allowed Another Person to Driver her Car

Register for October’s Webinar!

Top 10 Ways to Drastically Increase Lead Conversion

Date: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
Presented By: Stephen Fairley, Founder & CEO of The Rainmaker Institute
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

NACBA Membership Promotion! 

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver! Registration opens November 13,2017!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! 

 

Bankruptcy News Briefs 10/3

Dive Into Tuesday’s Headlines…

In Connecticut, 29 Call Attempts in 24 days May Be FDCPA Violation

Consumer Litigation Filings Reverse Course from July

New York Court Rules Settlement Offer in First Letter Not a FDCPA Violation

National Law Firm Ordered to Refund Attorneys’ Fees to Prospective Debtors, Where Local Counsel Drafted a Petition but Never Filed it and Ignored the Debtors

Eleventh Circuit Holds That Voicemails Are “Communications” and Clarifies “Meaningful Disclosure” under the FDCPA

2.5 Million More People Potentially Exposed in Equifax Breach

Equifax Is Taking Over From Wells Fargo as the Financial Industry’s Villain

Most States Still Don’t Have Comprehensive Balance Billing Legislation

First Equifax, now government: CFPB putting your data at risk

The Top 5 Mistakes People Make When Paying Off Debt

NACBA’s 2017 Hill Day!

NACBA is excited for 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.

NACBA Membership Promotion! 

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

NACBA’s October Webinar Lineup!

The One Secret You Must Know To Triple Your New Bankruptcy Leads From Your Existing Advertising

Date: Tuesday, October 3rd, 2:00 PM – 3:00 PM Eastern
Presented By: Richard James, Automated Business Results
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

The Listserv is Dead! Long Live the Listserv!

Date: Thursday, October 5th, 3:00 PM – 4:00 PM Eastern
Presented By: Dan LaBert, NACBA Executive Director
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

Top 10 Ways to Drastically Increase Lead Conversion

Date: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
Presented By: Stephen Fairley, Founder & CEO of The Rainmaker Institute
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

Save The Date!

 

  • 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 10/2

Check Out the Headlines Kicking Off October…

Disallowance for Procedural Reasons Does Not Support Voidance of Lien

National Consumer Law Center Joins Legal Fight for Student Borrower Protections against Predatory Schools

Office of Inspector General: CFPB Can Improve Certain Guidance for Civil Investigative Demands

U.S. Chamber of Commerce suing to block rule allowing consumers to sue their banks

FDCPA Case Challenges Use of Trade Name Abbreviation

Disallowance of the Post-petition Attorney Fees under FRBP 3002.1 did Not Modify Servicer’s Rights in violation of § 1322(b)(2)

Party that did Not Participate in underlying Bankruptcy Had No Standing to Reopen the Case

Credit Union Could Not Bootstrap Terms into Reaffirmation Agreement through inconspicuous Additions to the Statutory Disclosures

Since Debtor’s Liability to IRS for Fraudulent Transfer was not a Tax, it was Not a Priority Debt

Couple in 40s Use Bankruptcy to Partly Wipe Out Student Debt

Quarterly Chapter 11 Fees Paid First in Chapter 7 Distributions

NACBA’s 2017 Hill Day!

NACBA is excited for 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.

NACBA Membership Promotion! 

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

NACBA’s October Webinar Lineup!

The One Secret You Must Know To Triple Your New Bankruptcy Leads From Your Existing Advertising

Date: Tuesday, October 3rd, 2:00 PM – 3:00 PM Eastern
Presented By: Richard James, Automated Business Results
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

The Listserv is Dead! Long Live the Listserv!

Date: Thursday, October 5th, 3:00 PM – 4:00 PM Eastern
Presented By: Dan LaBert, NACBA Executive Director
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

Top 10 Ways to Drastically Increase Lead Conversion

Date: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
Presented By: Stephen Fairley, Founder & CEO of The Rainmaker Institute
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

Save The Date!

 

  • 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 9/28

Dive Into Thursday’s Headlines…

Voicemail Emerges Again With Questions of “Communication” and Meaningful Disclosure

Is A Bank A “Debt Collector” Under California’s Rosenthal Act? Maybe Not.

Expert Says Practice of Law Exemption is Essential to Fix FDCPA

Court Applies Realistic Fact-Based Analysis to Student Loan Discharge

NACBA, NCLC Urge for Credit Counseling Waivers for Hurricane Victims

Big changes coming for credit firms in wake of Equifax hack, CFPB director says

Insurance Company that Defended Bad Faith Lawsuit Filed Against it on Behalf of Bankruptcy Estate Could Not Seek Fees from the Debtor Individually

Senate to soon vote to rescind new CFPB arbitration rule

Study: Consumers’ Student Loan Debt Reaches Nearly $1.4 Trillion

New England Collectors Ask State Lawmakers to Reject Bill that Would Harm Consumers

CFPB, Student Loan Securitizer, and Debt Collector Agree to Combined $21.6 Million Settlement for Alleged Illegal Collection Practices

Eleventh Circuit: Voicemail Constitutes Communication Under the FDCPA, But Disclosure of Individual’s Identity Is Not Required

District Court Decertifies TCPA Class Following Invalidation Of Solicited Fax Rule

U.S. Second-Quarter Growth Revised Upward to 3.1% Annual Pace

NACBA’s 2017 Hill Day!

NACBA is excited for 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.

NACBA Membership Promotion! 

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

Register for NACBA’s October Webinar!

Top 10 Ways to Drastically Increase Lead Conversion

DATE: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
PRESENTED BY: Stephen Fairley, Founder & CEO of The Rainmaker Institute
COST:  Member Benefit – No Cost for NACBA Members
REGISTER: HERE

Save The Date!

 

  • 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 9/26

Check Out What’s Happening in the News…

Bank Card Default Rate Shows Significant Decline

Judge Awards Attorney Fees to FDCPA Defendant in Case of ‘Vexatious’ Plaintiff’s Counsel

Debtor’s Pre-Petition Tuition Payments for Minor Child were Not Fraudulent Transfers

3 more reports question CFPB’s actions and structure

Equifax Breach Rekindles Dialogue about Regulatory Reform

Bill proposed by lawyer would exempt lawyers from debt-collection liability

Voicemail Triggers Fair Debt Collection Law, Appeals Court Says

Proposed law aims to protect low-income residents from burdensome debt collection

NACBA’s 2017 Hill Day!

NACBA is excited for 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.

NACBA Membership Promotion! 

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

Register for NACBA’s October Webinar!

Top 10 Ways to Drastically Increase Lead Conversion

DATE: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
PRESENTED BY: Stephen Fairley, Founder & CEO of The Rainmaker Institute
COST:  Member Benefit – No Cost for NACBA Members
REGISTER: HERE

Save The Date!

 

  • 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 9/22

Kicking Off Friday With New Headlines…

CFPB Issues Small Entity Compliance Guide on Arbitration Rule

A Closer Look at CFPB Action v. National Collegiate Student Loan Trusts and Transworld Systems – What Does it Mean to the ARM Industry?

Court Rules Verification Docs Fulfill “Least Sophisticated Consumer” Standard

Hurricane Hardships Should Be Weighed in Bankruptcy Filings

5th Cir. Holds Threat of Lawsuit to Collect Partially Time-Barred Debt Did Not Violate FDCPA

Attorney Fees Paid Out of Undistributed Funds

Creditor Failed to Prove Fraud by Debtor Who Negotiated a “Live Check” that Creditor Sent Him a Few Months Before He Filed Bankruptcy

Hurricane Maria: Will Bankruptcy, Not Storm Damage, Devastate Puerto Rico?

Bankruptcy Doesn’t Stop Uninsured Motorist Claim Against Insurer

Private School Tuition Not Subject to Clawback

CFPB: Final Ruling on Home Mortgage Disclosure Act

Federal Court Takes Expansive View of CFPB Statute of Limitations, Limits Restitution

Northern District Of Illinois Rules For Debt Collector On Challenge To 1099-C Language

RPT-Equifax under pressure from banks to shape up

Today is the Deadline to Register for NACBA’s 2017 Hill Day!

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!

NACBA Membership Promotion! 

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

Upcoming Webinars!

Top 10 Ways to Drastically Increase Lead Conversion

DATE: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
PRESENTED BY: Stephen Fairley, Founder & CEO of The Rainmaker Institute
COST:  Member Benefit – No Cost for NACBA Members
REGISTER: HERE

Save The Date!

 

  • 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!