NACBA

Bankruptcy News Briefs 4/13

Dodd-Frank Reform Measures On The Way

Simple TCPA Case Becomes Two-Year Journey to Dismissal

NCLC Advocate Statement re: Education Secretary Withdrawal of Critical Student Loan Borrower Protections

Republicans propose drastic overhaul of Dodd-Frank and CFPB

Unwelcome house calls: Arizonans complain about medical debt collectors

Colorado seventh in complaints about medical debt collection

Why Debt Is Eating Up Your Tax Refund

Credit Reports Don’t Have to Disclose Bankruptcy Plan

Supreme Court Judge Refuses To Reopen Credit Suisse Suit

Foreclosures Fall Below Pre-recession Levels

NACBA25 is Less Than A  Month Away! Are You Registered?

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!

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!

 It’s a New Month! Renew Your Membership to Enter This Awesome Giveaway!

Renew your membership in April 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

 

Bankruptcy News Briefs 4/5

Collectors Take Note: FDCPA Litigation Over Letters Continues

Will FCC Loss in Junk Fax Case Have Positive Impact on TCPA Cases?

When a tax refund means bankruptcy

CFPB Director Richard Cordray will Testify Before House Financial Services Committee

The Week Ahead: Hope For Credit Growth

CFPB: Mortgage Complaints Up Slightly From 2015

IRS will use private debt collectors, but warns of potential scams

What JPMorgan CEO Dimon gets wrong about the student debt crisis

Vermont Lawyer Jean Murray Takes on the Debt-Collection Industry

Annual survey finds consumers have more credit card debt, less in retirement savings

Divorce and Credit Card Debt

Caveat creditor: Risks of filing an involuntary bankruptcy

Many Americans use tax refund to pay for bankruptcy filing

5 alarming facts about America’s $1.3 trillion in student loan debt

Student-Debt Overhang Is Pushing Down U.S. Rates, Dudley Says

NACBA25 is Only a Month Away! Are You Registered?

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!

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!

 It’s a New Month! Renew Your Membership to Enter This Awesome Giveaway!

Renew your membership in April 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

 

 

Bankruptcy News Briefs 3/31

Appeals Court Affirms Ruling Against Debt Buyer for Misleading Out-of-Stat Collection Letter

Trump’s DOJ Ditches Defense of CFPB

FTC Returns Funds to Debt Collection Scheme Victims

Student Loan Forgiveness Program Approval Letters May Be Invalid, Education Dept. Says

CFPB Head Discusses Dodd-Frank

Student Loan Debt Collectors Not Eager To Charge Fees Reinstated By Trump Administration

The IRS Has Hired A Debt Collector That Is Being Sued By The Government

Consumer sues Indiana debt collector

Trump’s Student Loan Default Penalty Has an Unlikely Foe

Unemployment Benefits Included as Income in Ch. 13 Plan

Creditor’s Accurate Post-Petition, Pre-Discharge Report to Credit Reporting Agency of Outstanding Balance did Not Violate Stay

Incarcerated Man Not Eligible for Chapter 13 Bankruptcy

Chapter 13 Debtor Can Keep Income Tax Refund

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!

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! Last Day to Renew for March to Be Entered Into the Giveaway!

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

Bankruptcy News Briefs 3/30

Court Rules Debt Buyer’s Small Claims Court Judgment Waived Right to Arbitration in Class Action Suit

Mere Retention of Property Does Not Support Stay Violation

What is the most likely outcome for the CFPB?

Nationstar’s “Soft Pulls” of Discharged Debtor’s Credit Reports did Not Violate FCRA where Servicer had Legitimate Need to Pull Report

CFPB Reports Consumers Complain About Disputed Credit Card Charges

Debt Collection Complaints Surge Compared to Early 2016

Senate Judiciary Committee Passes Private Student Loan Debt Bill

Student loan defaults might add up to more debt

Bankruptcy Beat: New York Bankruptcy Court Prohibits Stripping of Mortgage Lien Against Debtor’s Multi-Family Residential Real Estate, Setting Up Split of Authority With District of Connecticut

Bank of America ordered to pay $46 million for foreclosure tactics used against Lincoln couple

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!

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

Bankruptcy News Briefs 3/28

Financial Fragility of U.S. Households in Latest Fed Survey Remains Neutral

Court Erroneously Requires that Exemption Attach to Equity

Dems working with GOP on consumer bureau revamp

Trump Administration Continues To Indicate Tide Change Away From Support Of The CFPB

CO lawmakers want to give consumers more protection against “zombie-debt” collectors

State AGs Ask Supreme Court to Spark Major Expansion to Scope of Federal Debt Collection Law

Defaulting on some student loans gets more costly

Bank of America ordered to pay $46 million to Lincoln couple for wrongful foreclosure

Consumer Confidence Doesn’t Reflect Facts

“Singular” Cases on Nondischarge and Dischargeability

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!

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

NACBA25 Highlight

Take a Step In the Right Direction!

Join this panel of four as they discuss some of the most common ethics missteps that attorneys make in representing clients in consumer bankruptcy cases.  In a top-10 format reminiscent of old David Letterman skits, the goal of this session is to interject humor into a serious discussion of ethics.
Moderator
avatar for Alex Dolhancyk
Alex Dolhancyk

With over 27 years of experience, attorney Alex Dolhancyk offers valuable insight into consumer bankruptcy cases. He is the current Georgia state chair for the National Association of Consumer Bankruptcy Attorneys (NACBA); is Board Certified in Consumer Bankruptcy Law by the American Board of Certification; and holds an LL.M (Master of Laws) in International Business Law from Emory University School of Law.

Attorney Dolhancyk has numerous reported bankruptcy cases, including Whaley v. Tennyson, 611 F.3d 873, (11th Cir. 2010), where he argued on behalf of the debtor. He is also a member/advisor on the Bench and Bar Committee for the Bankruptcy Court in the Northern District of Georgia.

He received his B.A. from the University of Tennessee which he attended on a full basketball scholarship through an administrative error. He received his J.D. from Memphis State University (now University of Memphis) and is admitted to practice in the United States Supreme Court, 6th and 11th Circuits, and in Georgia, Tennessee, and New York, and is occasionally allowed in the kitchen.

Your Panel of Experts

avatar for William Brewer

William Brewer

William E. Brewer, Jr. practices law with The Brewer Law Firm in Raleigh, NC.  He graduated from the University of North Carolina, Chapel Hill with an A.B. in Economics in 1973 and a J.D. with  Honors in 1976.  He is certified as a specialist in consumer bankruptcy law by the North Carolina State Bar .  Billy began his term as NACBA’s president in 2011 and has served as a director since 1997.  He has served as a popular panelist at NACBA’s previous conventions and is noted for his sense of humor.  Mr. Brewer was inducted as a Fellow into the American College of Bankruptcy in 2009.

avatar for Gary Fraley

Gary Fraley

Mr. Fraley is the owner and founder of Fraley & Fraley Sacramento Bankruptcy Attorneys. As a practicing bankruptcy law attorney with over 37 years experience, he has filed thousands of successful bankruptcy cases.He is one of only about 154 attorneys in California that is Certified by the State Bar Board of Legal Specialization as a Bankruptcy Law Specialist. That State Bar Certification as a bankruptcy Law Specialist is held by only about 1/20 of 1 percent of all California bankruptcy attorneys. Gary Fraley is also one of the longest practicing Bankruptcy Law Specialists in the state of California.He has been teaching bankruptcy law issues and practice pointers to bankruptcy attorneys for many years. He grew up in Needles, California. He is a 1974 graduate of University of Southern California with a Bachelor’s Degree in Political Science. Mr. Fraley graduated from the University of Los Angeles School of Law in 1977.

avatar for Nancy Rapoport

Nancy B. Rapoport

Nancy B. Rapoport is the Special Counsel to the President of the University of Nevada, Las Vegas.  She is also the Garman Turner Gordon Professor of Law at the William S. Boyd School of Law, University of Nevada, Las Vegas, and is an Affiliate Professor of Business Law and Ethics in the Lee Business School at UNLV.  Her specialties are bankruptcy ethics, ethics in governance, law firm behavior, and the depiction of lawyers in popular culture.  She is admitted to the bars of the states of California, Ohio, Nebraska, Texas, and Nevada and of the United States Supreme Court.  In 2001, she was elected to membership in the American Law Institute, and in 2002, she received a Distinguished Alumna Award from Rice University.  She is also a Fellow of the American Bar Foundation and a Fellow of the American College of Bankruptcy.

Don’t Miss Celebrating 25 Years of NACBA!

Bankruptcy News Briefs 3/27

Out of Stat Debt Case Offers Three Lessons to Collectors

FTC Settles With Collector Over Multiple Alleged FDCPA Violations

TCPA Defendant Settles Class Claims on Individual Basis Following Counterclaims for Harassment and Racketeering

Court Issues $45m Punitive Damages Award Against BofA

Chapter 13 Debtor’s Complaint Stated a Claim that Bank was Bound by Confirmed Plan

Send The Prepaid Card Rule To The Shredder

State AGs Ask Supreme Court to Spark Major Expansion to Scope of Federal Debt Collection Law

Six Graphs that Reveal Big Problems for Student and Auto Loans

Residents in these 10 states have the highest average credit card debt

Don’t Sleep on the Trump Administration and Student Loans

Judge Limits Retirement Funding in Chapter 13 Plan

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!

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

Bankruptcy News Briefs 3/24

CFPB fines Experian $3 million for lying about consumers’ credit scores

Advocates Applaud CFPB for Enforcement Action against Experian for Deceptive Marketing of Credit Scoring Products

FCC Adopts Proposed Rules and a Notice of Inquiry on Blocking Unlawful Robocalls

Consumer Spending Slows Since December

TG to Continue its No-Collection-Fee Practice for Borrowers Agreeing to Loan Rehabilitation or Repayment within 60 Days of Default

CFPB preps to review major mortgage rules

The New Administration’s Plans for the CFPB Take Shape

Portfolio Recovery hit with debt collection lawsuit

Study: 73% of consumers die with outstanding debt

The Latest–And Surprising–Victims of the Student-Loan Debt Crisis: Older Americans

Supreme Court Narrows Use of Structured Dismissals

Flagstar’s Dual Tracking of Chapter 13 Debtor Violated the Automatic Stay and RESPA; Disclaimer did Not Save Servicer

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!

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

Bankruptcy News Briefs 3/23

Revisiting Dodd-Frank; Its Design May Make Next Crisis Even Worse

More Twists in ED’s ‘Dear Colleague’ Collection Fee Matter

Court Dismisses CFPB Complaint Against Payment Processor For Ignoring Red Flags

DOJ Brief Opposing CFPB Brings More Uncertainty

CFPB to Re-Examine Regulation

CFPB’s Next Move in Processor Case Bears Watching

Student loan collector pledges not to charge high fees permitted by Education Department

Confessions of a bankruptcy attorney: What people get wrong about bankruptcy

A First Look At February Delinquency Data

Judicial Foreclosure Sales are Immune to Preference Challenges

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!

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

Bankruptcy News Briefs 3/22

Federal Court Nixes CFPB Enforcement Action that Claimed a Payment Processor Ignored Fraud

American Bankruptcy Institute Forms Commission on Consumer Bankruptcy

Judge Rules For Servicer in TCPA Case Regarding Calls to Number Provided for Subsequent Loan

Trump’s ED Dept Withdraws Position Prohibiting Collection Fees on FFEL Defaults

No Personal Liability for Post-Petition HOA Fees

CFPB Takes on Credit Reporting Problems

Tensions escalate at House hearing on constitutionality of the CFPB

Pocan introduces bipartisan bill in effort to alleviate student loan debt

Filing for bankruptcy more expensive under Trump budget

More Consumers Seek Loan Modifications

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!

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