NACBA

Bankruptcy News Briefs 2/22

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BAP Takes Realistic Approach to Undue Hardship Analysis

Court Holds Collection Calls to a Wrong Person’s Home Phone are not a TCPA Violation

Industry Group Tells CFPB to Support Consumer’s Right to Financial Data Access; Don’t Forget Accounts in Collection!

Bill Seeks Changes in CFPB Funding Source

Can this small Texas bank jump in on PHH’s fight with the CFPB?

The CFPB has a database with 700,000 consumer complaints

Consumer alleges debt collector broke law

All bills targeting student debt fail this session

Stanislaus Credit Control accused of attempting to collect discharged debt

Federal Reserve Bank Of New York: Consumer Credit Is Deteriorating

Bankruptcy Is Not A Borrower Antidote For Loan “Default Interest”

Individual States Try to Address Student Debt

Student Loan Debt Still Tops Credit Card Debt In America

Upcoming NACBA Events

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Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more! Register today for the Early Bird Rate that ends March 17th, 2017 for savings!

Save the Date! New NACBA Webinar in  March

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What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Registration opens soon

 

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!

 NACBA Membership Promotion!

Renew your membership this month and be 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 January 2017 through July 2017. Renew Today!

 

 

 

Bankruptcy News Briefs 2/21

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National Consumer Law Center Statement on Appellate Court Order to Vacate and Review Questionable Decision on Trump Power over Consumer Watchdog

Court Denies “Comfort Order” to File Late POC

Legislation to Change CFPB Budget Oversight Returns to Congress

Petitioners Seek Prior Express Written Consent for All Autodialed Calls to Cell Phones Under the TCPA

Appeals Court to Rehear Constitutionality of Consumer Protection Bureau Structure

Hensarling compares CFPB to a tyranny

Texas lawmaker wants to send ‘zombie debt’ to the grave

American Debt Set to Pass Financial Crisis High. 3 Reasons Not to Panic, Yet

Keepin’ It Classy: Court Certifies Class-Action for Alleged FDCPA Violations

The TCPA and Risk of “Sabotage Liability”

Breakaway Senate Dems push student debt relief in New York State budget

Court Rejects Lender’s Objection to Payment of Debtor’s Counsel’s Fees and Expenses from Pre-Petition Retainer

Mortgage Delinquency Reaches Plateau

Student Loan Debt In 2017: A $1.3 Trillion Crisis

Upcoming NACBA Events

nacba25

Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more! Register today for the Early Bird Rate that ends March 3rd, 2017 for savings!

Save the Date! New NACBA Webinar in  March

NACBA Webinars Web Banner (1)

What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Registration opens soon

 

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!

 NACBA Membership Promotion!

Renew your membership this month and be 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 January 2017 through July 2017. Renew Today!

 

 

#NACBA25 Highlight

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Friday, May 5th

4:15 PM- 5:30 PM

Not all student loan debt is created equal. Enhance your practice by assisting new and past clients with student loan debt. In “Debunked: Dischargeability of Student Loans,” Bethany Lape and Austin Smith explore recent case law that challenges this well-known myth and common scenarios that you will encounter. You will learn how to simplify the process with a new tool in Best Case® Bankruptcy which can help identify next steps using built-in tools and documents. Plus, review the Jurisdictional Scorecard™ to learn the likelihood of discharging student loan debt in your area.

More About Our Presenters:

avatar for Bethany Lape

Bethany Lape

Bethany Lape is the Director of Products at CINgroup and has worked for over ten years to provide products and services for both bankruptcy attorneys and debtors.  The problem of student loan debt has been of particular interest to her, and she has been passionate about developing a tool to help attorneys find solutions for their clients. Bethany believes bankruptcy attorneys will play an essential role in resolving the student loan debt epidemic.

avatar for Austin Smith

Austin Smith

Austin Smith is a litigator who focuses on discharging private student loans in bankruptcy.  Smith’s article, The Misinterpretation of 11 USC 523(a)(8), was foundational in articulating the proper scope and application of the student loan non-dischargeability provision of the Bankruptcy Code, and its arguments and reasoning have been adopted by bankruptcy courts all across the country.  Smith’s work on behalf of debtors has been profiled by the Wall Street Journal, NPR, ABC News, Fox News, The Financial Times, the National Law Journal, the American Bankruptcy Institute, and more.

Register for These Great Sessions & More at NACBA25

Bankruptcy News Briefs 2/17

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CFPB Gets Full Federal Circuit Rehearing in its Constitutionality Case

3 reasons the U.S. could be headed for a fresh debt crisis

Fed Report: Credit Availability and Income Growth Expectations Decline Slightly

GOP Legislators Introduce Companion Bills to Dismantle CFPB

District Court Judge Finds Collection Calls in Medical Case Are “Concrete Injury” Under Spokeo

CFPB Consumer Advisory Board to Discuss Consumer Credit Info, Complaint Database

A Tale of Two CFPBs; How to Move Forward?

Attorneys Found Guilty of Stealing Patient Payments Collected for St. Lukes

FTC sends letter to CFPB on 2016 debt collection activities

NY Fed: US household debt at highest level since 2008

Consumers falling behind on car payments

Upcoming NACBA Events

nacba25

Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more! Register today for the Early Bird Rate that ends March 3rd, 2017 for savings!

Save the Date! New NACBA Webinar in  March

NACBA Webinars Web Banner (1)

What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Registration opens soon

 

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!

 NACBA Membership Promotion!

Renew your membership this month and be 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 January 2017 through July 2017. Renew Today!

 

Bankruptcy News Briefs 2/15

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FTC Releases 2016 Highlights Report on Education, Enforcement

Fourth-Quarter Consumer Spending Grows at Solid Pace

Interim Guidance Says 2-for-1 Regulation Rule Doesn’t Apply to CFPB

FTC Announces $700,000 Settlement with Debt Collector

Say goodbye to the controversial CFPB consumer complaint database?

Rep. Jeb Hensarling on CFPB and Dodd-Frank Regulations

FTC Says It Filed 12 Cases Against Illegal Debt Collection Practices In 2016

Repeated automated debt collection calls are a ‘concrete injury’ under Spokeo, federal law, judge says

A Look at the Shocking Student Loan Debt Statistics for 2017

Consumers Are Too Giddy When It Comes to Borrowing

Upcoming NACBA Events

nacba25

Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more! Register today for the Early Bird Rate that ends March 3rd, 2017 for savings!

Save the Date! New NACBA Webinar in  March

NACBA Webinars Web Banner (1)

What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Registration opens soon

 

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!

 NACBA Membership Promotion!

Renew your membership this month and be 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 January 2017 through July 2017. Renew Today!

 

Renew Your NACBA Dues For A Chance to Win the NCLC Consumer Bankruptcy Law and Practice Volume I & II!

Renew Your NACBA Membership and Be Entered To Win!

We are so excited about our new membership promotion! When you renew your NACBA Membership from January 2017-July 2017  you will be entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). This is the definitive consumer bankruptcy treatise, updated with the latest case law and changes to the Bankruptcy Code, Forms, Fee Schedules, Rules, and case law written by Henry Sommer, the nation’s leading consumer bankruptcy author, and edited by John Rao, a former member of the federal Judicial Conference Advisory Committee on Bankruptcy Rules. This 11th edition of the NCLC Consumer Bankruptcy Law and Practice Volume I & II is a must have resource for any Consumer Bankruptcy Attorney.

Two winners, will be selected at random, each month including last month, so make sure you update your dues to be entered to win!

 Read what people are saying about this invaluable resource:

-“No bankruptcy practitioner, no matter how experienced, should be without this volume.” —  Sen. Elizabeth Warren, Former Professor of Law, Harvard Law School

-“Consumer Bankruptcy Law and Practice is a must for every counselor and practicing bankruptcy lawyer in the consumer field. I hope practitioners in my court acquaint themselves with this valuable work. —  Judge Marilyn Morgan, U.S. Bankruptcy Court, Northern District of California

#NACBA25 Highlight!

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Friday, May 5th

4:15 PM-5:30 PM

With proper pre-bankruptcy planning, your clients may enjoy a far better experience in bankruptcy and beyond.  Receive valuable advice from two experienced Debtors Counsel on how best to work with your clients while focusing on asset protection and learn tips and tricks to navigate through the world of means testing.
Learn More About Our Presenters:
avatar for Jeff Tromberg
Jeffrey H. Tromberg obtained his Bachelor of Science in Communication from the University of Miami in 1988 and his Juris Doctorate from the University of Miami in 1990. He was admitted to the Florida Bar in 1991, to the United States District Court for the Southern District of Florida in 1991 and the Middle District of Florida in 1992. He has been in private practice since 1991 and is the managing attorney of Florida Debt Relief Center, LLC. Mr. Tromberg’s primary areas of practice include representation of Debtors in Chapter 7 liquidations and Chapter 13 reorganizations as well as foreclosure defense. His practice is limited to Debtor representation. Mr. Tromberg is a member of the National Association of Consumer Bankruptcy Attorneys and currently serves as state chair for the State of Florida. He is also a member of the National Association of Chapter 13 Trustees and has served on various seminar panels for that organization. In addition, Mr. Tromberg is a member of the Broward County Bar Association and has served on its Board of Directors.
avatar for Greg Colpitts

Mr. Colpitts was born and raised in Tulsa, Oklahoma, and graduated from Tulsa Memorial High School.  Mr. Colpitts attended Oklahoma State University from 1983 to 1987 when he graduated with a B.S. in Mechanical Engineering Technology. After graduation from Oklahoma State University in 1987, Mr. Colpitts attended the University of Tulsa College of Law and received his J.D. in 1991.  In 1992, Mr. Colpitts continued his legal education at Southern Methodist University, Dedman School of Law, where he received a Master of Laws in Taxation in 1993.

In August 1993, Mr. Colpitts started his own law firm and continues with this firm today.  Mr. Colpitts specializes in consumer bankruptcy (Chapters 7 and 13).  Mr. Colpitts has represented thousands of clients in bankruptcy ranging from straight forward to very complex.  Mr. Colpitts also specializes in bankruptcy litigation including pursuing creditors for automatic stay and discharge injunction violations and making sure debtors get what they bargained for after completing a Chapter 13 bankruptcy.  In an arena where debtors are held to a multitude of onerous requirements, Mr. Colpitts believes that creditors should also be held the standards imposed by the Bankruptcy Code.  Mr. Colpitts is a member of the National Association of Consumer Bankruptcy Attorneys where he serves as the state chair.
In 2012, Mr. Colpitts completed the extensive and rigorous qualification requirements and attained certification by the American Board of Certification as a Consumer Bankruptcy Expert.  With this certification, he joins a prestigious group of very few other Oklahoma attorneys to attain this recognition.