NACBA

Bankruptcy Briefs 10/15/14

What Congress Should Do to Give Student Loan Borrowers Hope For Relief

#NACBACHI Keynote Featured in Boston Globe

Citigroup to exit retail banking in 11 markets

Individual objectors get say in Detroit bankruptcy

Foreclosure Dispute Pits Mortgage Lenders vs. Investors

Wells Fargo Still Wary of Home Loans in 3rd Quarter

High Court Considers Rent-Regulated Leases

Free Member Webinar: Health Insurance: Advice, Access & Advocacy

NACBA Members Receive 10% Discount off 2015 Convention Exhibitor Booths

NEW NACBA Logo for Members-Only – Update Your Website

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 10/14/14

NACBA Announces 2015 Annual Convention Keynote Speaker

Post-Petition Equity Goes to Debtor upon Conversion

Short on cash, attorney plans to beat highly paid Jefferson County bankruptcy lawyers at their own game.

Shouldn’t My Bank Have Backed Off During My Bankruptcy?

ARM Firms Should Not Be Deceived by TCPA Victories

Americans face post-foreclosure hell as wages garnished, assets seized

The 10 Biggest Energy Company Bankruptcies In History

Supreme Court Takes Up Fight Over Regulatory Powers

Can I Sell Some Of My Assets Before Filing Bankruptcy?

NACBA Members Receive 10% Discount off 2015 Convention Exhibitor Booths

NEW NACBA Logo for Members-Only – Update Your Website

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 Releases New Membership Logo for 2014-2015

Your NACBA membership enhances your credibility among your colleagues, clients and the legal profession. It’s time you look your best.

To help you do that, NACBA has released a new membership logo for all 2014-2015 members. Showcase your advanced training and reinforce your commitment to educate, advocate and litigate with the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy.

Use of the NACBA Member logo is an exclusive member benefit. Your NACBA Membership must be current.

Please visit here to find various sizes of the new membership logo for use on websites, social media, business cards, letterhead, etc.

Bankruptcy Briefs 10/3/14

Supremes To Rule on Bankruptcy Fees for Lawyers

Collection Complaints Fall in August, But More Claim Debt is Not Theirs

Eleventh Circuit Unwinds Order Confirming Bankruptcy Sale

Swaps Said to Be Losing Special U.S. Bankruptcy Status

N.Y. Fed Lawyer Says AIG Got Billions Without Paperwork

Harrisburg Mired in Fiscal Distress as Debt Looms

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 Appoints New CT State Chair

CONNECTICUT BUSINESS:  FAMILY LAWYER IN FAIRFIELD NAMED STATE CHAIR OF
NATIONAL ASSOCIATION OF CONSUMER BANKRUPTCY ATTORNEYS

Scott M. Charmoy to Liaise with CT Bankruptcy Attorneys, Judges and Court Officials on
Behalf of Washington, D.C.-based Trade Group

Scott M. Charmoy Esq.

WASHINGTON, D.C. AND BRIDGEPORT, CT (September 29, 2014) – National Association of Consumer Bankruptcy Attorneys (NACBA) announced today that Scott M. Charmoy will serve as its new State Chair of Connecticut. As NACBA Connecticut State Chair, Charmoy will serve as the official liaison between the group’s leadership in Washington, D.C. and its member attorneys, bankruptcy judges and other court officials in the state, as well as serving as a primary contact for local media regarding consumer bankruptcy issues.

Serving approximately 3,500 members in all 50 states and Puerto Rico, NACBA is the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy.

Scott M. Charmoy is an active member of the Commercial and Bankruptcy Law Section of the Connecticut Bar Association.  Charmoy was admitted to practice before the Connecticut State Court in 1995, the U. S. District Court, District of Connecticut, in 1995, the Second Circuit Court of Appeals in 1998, and the Illinois Supreme Court in 1996.  He has lectured for the Connecticut Bar Association on bankruptcy law, written numerous articles for the Greater Bridgeport Bar Association newsletter, and given presentations on bankruptcy law for the Greater Bridgeport and Connecticut Bar Associations.

Reacting to his nomination, Scott Charmoy said: “NACBA plays a very important role in protecting debtors in bankruptcy. It is an honor and a great opportunity to be part of the organization’s leadership.”

NACBA Executive Director Dan LaBert said: “Our leadership team is dedicated to continuing our mission in Connecticut to help to protect the rights of families in financial distress at a grassroots level. Our national membership is supported by a strong network of state chairs appointees. Scott is a longstanding NACBA member and will make an excellent state chair in Connecticut. We look forward to working closely with him to represent bankruptcy attorneys and their important policy objectives across a wide range of issues.”

ABOUT NACBA

The National Association of Consumer Bankruptcy Attorneys (http://www.nacba.org) is the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy. Formed in 1992, NACBA has 3,500 members located in all 50 states and Puerto Rico.

CONTACT:  Patrick Mitchell for NACBA at (703) 276-3266 or pmitchell@hastingsgroup.com.

NACBA Attorney Finder Continues to Receive National Recognition

An article entitled “What to do if your wages are garnished” appeared on CNN Money this morning by Blake Ellis. In the article, the writer makes direct reference to “The National Association of Consumer Bankruptcy Attorneys has a directory of lawyers” linking directly to the NACBA Attorney Finder.

The CNN Money website is one most visited websites in the United States and globally.

via TrafficEstimate.com

via TrafficEstimate.com

Given the large amount of traffic the CNN Money website generates:

NOW is the time to make sure your NACBA Profile is up-to-date.  To update your member profile, log-in to the NACBA website > Member Tools (on left) > Attorney Finder Set-Up

NOW is also the time to make sure your membership is current.  To Join or Renew, visit the NACBA.org renewal page. You can also visit the NACBA Member Benefits page to review the latest ways the organization is creating additional value for our members. We strive to provide the highest quality benefits and services possible. In many cases, participation in just one of these benefit programs will recoup your annual membership fee.

Belonging to NACBA, the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy, provides you with the information and resources you need to advance your career and enhance your quality of service.

We hope this national media hit sends more client referrals your way. In fact, we’ve already heard from quite a few members that referrals have landed in their in-box thanks to the national promotion of the NACBA Attorney Finder.

Recent mentions of the NACBA Attorney Finder include:

“For help finding a bankruptcy lawyer check the National Association of Consumer Bankruptcy Attorneys website.”
Fox Business

It’s a plus if the attorney is a member of a specialty law organization like the National Association of Consumer Bankruptcy Attorneys, as it usually means they have advanced training in the field.
Investopedia

“Be sure everything is clear to you about personal bankruptcy by using online resources at the National Association for Consumer Bankruptcy Attorneys”
Dodd-Frank Certification

Bankruptcy Briefs 9/19/14

Would a GOP Senate foretell change for consumer agency?

New York State and City Join Effort to Shield Stabilized Leases

A Snowball Soon to be an Avalanche: Student Debt and Older Americans

Another Article Encouraging Those Considering Bankruptcy to contact NACBA. Is your membership current?

Banks Seek Exit from Robo-Signing Enforcement Order

Court Denies Administrative Priority Status to Seller Whose Goods Were Not Received by the Debtor

CFPB Proposes New Federal Oversight of Nonbank Auto Finance Companies

Tech Startup Vows to Make Debt Collection Smarter, Friendlier

Examiner appointed in HDG Mansur bankruptcy case

Preservation of Error and the Civil Plain Error Rule

Veteran bankruptcy lawyer Cieri to retire from Kirkland

U.S. approaching ‘sudden’ phase of bankruptcy, George Will tells Utah audience

NACBA Member Featured: Bankruptcy could save you from drowning in debt

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 President Weighs-In on AP Article “Senior Americans Burdened with Student Debt”

SENIOR AMERICANS BURDENED WITH STUDENT DEBT

Rosemary Anderson of Watsonville, Calif., testifies on Capitol Hill in Washington, Wednesday, Sept. 10, 2014, before the Senate Aging Committee hearing to examine Older Americans and student loan debt. Anderson could be 81 by the time she pays off her student loans. After struggling with divorce, health problems and an underwater home mortgage, the 57-year-old anticipates there could come a day when her Social Security benefits will be docked to make the payments. Like Anderson, a growing percentage of aging Americans struggle to pay back their student debt. Tens of thousands of them even see their Social Security benefits garnished when they cannot do so. (AP Photo/Lauren Victoria Burke)

WASHINGTON (AP) — Rosemary Anderson could be 81 by the time she pays off her student loans. After struggling with divorce, health problems and an underwater home mortgage, the 57-year-old anticipates there could come a day when her Social Security benefits will be docked to make the payments.

Like Anderson, a growing percentage of aging Americans struggle to pay back their student debt. Tens of thousands of them even see their Social Security benefits garnished when they cannot do so.

Among Americans ages 65 to 74, 4 percent in 2010 carried federal student loan debt, up from 1 percent six years earlier, according to a Government Accountability Office report released Wednesday at a Senate Aging Committee hearing. For all seniors, the collective amount of student loan debt grew from about $2.8 billion in 2005 to about $18.2 billion last year.

Student debt for all ages totals $1 trillion.

“Some may think of student loan debt as just a young person’s problem,” said Sen. Bill Nelson, D-Fla., chairman of the committee. “Well, as it turns out, that’s increasingly not the case.”

Anderson, of Watsonville, California, amassed $64,000 in student loans, beginning in her 30s, as she worked toward her undergraduate and graduate degrees. She said she has worked multiple jobs — she’s now at the University of California, Santa Cruz — to pay off credit card debt and has renegotiated terms of her home mortgage, but hasn’t been able to make a student loan payment in eight years. The amount she now owes has ballooned to $126,000.

“I find it very ironic that I incurred this debt as a way to improve my life, and yet I still sit here today because the debt has become my undoing,” Anderson testified.

Despite not making payments, she’s managed to keep the education debt in good standing by getting permission to defer the payments even as the amount she owes has grown, she said.

Ed Boltz, a bankruptcy attorney in Durham, North Carolina, who is president of the National Association of Consumer Bankruptcy Attorneys, said in an interview that many of the seniors he sees with student loan debt are also struggling with challenges such a medical problems, job loss or divorce. Some, he said, went back to school with hopes of making a higher salary and that didn’t pan out, or the children they helped fund to attend school are not in a position to help the parent in return.

“They are stuck with these debts and they can’t try again,” Boltz said. “There’s no second act for them.”

The GAO found that about 80 percent of the student loan debt by seniors was for their own education while the rest was taken out for their children or other dependents. It said federal data showed that seniors were more likely to default on loans for themselves compared with those they took out for their children.

It’s unclear when the loans originated, although the GAO noted that the time period to pay back such debt can range from a decade to 25 years. That means some older Americans could have taken out the loans when they were younger and they’ve accumulated with interest, or got them later in life — such as workers who enrolled in college after a layoff in the midst of the economic downturn.

The GAO found that about a quarter of loans held by seniors ages 65 to 74 were in default. The number of older Americans who had their Social Security benefits offset to pay student loan debt increased about fivefold, from 31,000 to 155,000, from 2002 to 2013.

“As the baby boomers continue to move into retirement, the number of older Americans with defaulted loans will only continue to increase,” the GAO said. “This creates the potential for an unpleasant surprise for some, as their benefits are offset and they face the possibility of a less secure retirement.”

Typically, student loans can’t be discharged in bankruptcy. In addition to docking Social Security, the government can use a variety of tools to recoup student loans, such as docking wages or taking tax refund dollars.

Sandy Baum, a senior fellow at the Urban Institute, said these seniors having their Social Security docked likely don’t have much discretionary income and Congress should consider taking away this option. There’s a limit to how much Social Security can be docked, but some seniors are left with benefits below the poverty level, the GAO said.

“It’s not an issue that affects large numbers of people,” Baum said. “It’s a very big issue for people who are affected by it.”

Wendell Sherk Chosen for Roser Excellence in Bankruptcy Award

NACBA Member Wendell J. Sherk has been chosen to receive the 2014 Michael R. Roser Excellence in Bankruptcy Award from the Commercial Law Committee of The Missouri Bar. The Award will be presented at the American Bankruptcy Institute’s (ABI) Midwestern Bankruptcy Institute in Kansas City on October 17, 2014.

The Michael R. Roser Excellence in Bankruptcy Award is presented to an individual who manifests the highest standard of excellence in bankruptcy practice, who has contributed distinctively to the development and appreciation of bankruptcy law, and/or who has made an outstanding contributions in the field of bankruptcy administration or practice.

Wendell is a St. Louis attorney who graduated from Washington University in 1986 and Washington University School of Law in 1989.

He is the co-recipient of the first-ever Brauer Innovations in Bankruptcy Law Award in 2005.  He has also served as co-chair of the Bar Association of Metropolitan St. Louis Bankruptcy Committee, as well as numerous local rule and procedure committees with the bankruptcy court.  In the past he has represented bankruptcy trustees as well as creditors. He has co-written legislation improving the property exemptions for Missourians facing bankruptcy.

A regular speaker in national and state bar events, Wendell also founded the Debtors Attorneys of Metropolitan St. Louis (DAMSL) with Joseph A. Swope, Jr. They currently manage the DAMSL listserv as a cooperative effort of local attorneys representing consumer debtors in Eastern Missouri and Southern Illinois. Wendell is also active in the National Association of Consumer Bankruptcy Attorneys (NACBA) as well as NACBA’s listserv. He was a NACBA Member of the Month in 2007 and ranked among the top 3 consumer bankruptcy lawyers in the (completely unscientific) Missouri Lawyer’s Weekly “Best of…” Polls for 2007 and 2008.

He is a member of the St. Louis consumer law firm Sherk & Swope, LLC as well as the National Association of Consumer Bankruptcy Attorneys, the American Bankruptcy Institute, and the Missouri Bar.

His office: Sherk & Swope, LLC, 1620 South Hanley Road, St. Louis, Missouri 63144. His office number is 314.781.3400.