NACBA25

Bankruptcy News Briefs 4/6

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!

A Glimpse Into the Consumer Bankruptcy Journal

When a client files for bankruptcy there are a number of emotions associated with this sometimes turbulent times. In Eric Olsen’s article, “Counseling Bankruptcy Clients About Guilt and Debt,” gives a unique perspective on this important topic as a bankruptcy attorney.

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?

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Receive a $25 Amazon Gift Card!

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

Bankruptcy News Briefs 4/4

No End in Sight for Balance Billing Legislation

Collectors Take Note: FDCPA Litigation Over Letters Continues

Chapter 13 Debtor Could Eliminate Lien on Vehicle Even where Loan had Co-signer

Last Friday Brought New Twist in Dept. of ED Debt Collection Road

Survey: More Consumers Carry Credit Card Debt from Month to Month

CFPB Releases Sixth Annual FDCPA Report to Congress

Consumer Litigation Filings are ‘Unpredictable,’ WebRecon Reports

NetSpend Stealthily Settles FTC Charges Ahead of Fight Over CFPB Prepaid Card Rules

Circuit Court Upholds Punitive Damages Eight Times Compensatory

Big Changes on Horizon for Credit Reporting of Public Records Data

Lenders’ Trade Group Meets With Administration, Submits Proposal to Significantly Reform CFPB

Defending Its Life: What To Expect From The CFPB’s Trip To The D.C. Appellate Court

CFPB Requests Limited Fix if Court Finds Constitutional Defect

The IRS Is Now Using Private Debt Collectors; Here’s What You Need to Know

Student loan debt may mean fewer homeowners, expensive schools, and less consumer spending, Fed’s Dudley says

Second Circuit Clarifies Trigger for Revealing Debt Amounts

Upcoming NACBA Events

nacba25

Receive a $25 Amazon Gift Card!

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

10 Very Good Reasons Why You Should Attend #NACBA25!

There are too many reasons for us to list on why you should attend NACBA’s 25th Annual Convention, but we’ve come up with 10 very good and even fun reasons why you should be at the magnificent Walt Disney World Dolphin Hotel, May 4th-7th in Orlando, Florida!

Awesome Keynote Speakers: NACBA is bringing you incredible Keynote Speakers such as national legal evidence expert, Professor Edward Imwinkelried, best selling author Ross Bernstein, award winning filmmaker, Billy Corben, and senior columnist for the Daily Beast, CNN political commentator and author, Matt K. Lewis.
Continuing Legal Education Credits: With past NACBA Conventions being approved for over 20 credit hours (including ethics) in all 50 states and Puerto Rico, NACBA’s 25th Annual Convention is your one stop, professional development, legal education event that satisfies most, if not all, CLE compliance periods.
Pre-Convention Sessions: Start your learning early with not one but two pre-convention sessions! You can register for either NACBA’s Student Loan Workshop or FDCPA: Extreme!
It’s a Family Affair! Bring the whole family to enjoy the most magical place on earth! We have you covered with discounted Disney Park, Universal Studios and Sea World Tickets! Your kids will absolutely love this quick getaway!
Engage with Colleagues in NACBA’s Circuit Meetings: New this year, NACBA will host individual circuit meetings for sharing of ideas and the latest “round-up” of what is taking place in the circuit where you practice.
Mickie and Minnie: NACBA has finalized a special photo session during the convention with Mickey and Minnie Mouse. Why stand in line at the parks to meet characters? NACBA has arranged a commemorative photo opportunity for convention attendees and their families included with registration.
The NACBA25 Lineup: This year’s convention schedule is chock-full of stellar expert speakers who will capture your attention with timely and advanced topics. Even the most seasoned bankruptcy attorney will be challenged.
An Abbreviated Saturday Schedule: Given the location and that many attendees may include family, the committee planned an abbreviated schedule on Saturday, May 6th so attendees could take in the Walt Disney World parks and surrounding Orlando area without missing valuable CLE seminars.
Access to Playback NACBA: Through the P laybackNACBA website, bankruptcy attorneys are able to watch presentations that they were unable to attend the week of May 8, 2017.
Celebrate 25 years of NACBA!Last, but certainly not least you are cordially invited to attend a special #NACBA25 Anniversary Party on Friday, May 5th (6 PM-9 PM) that will include a live concert, food trucks, desserts and perhaps some Disney magic. If no magic, we may just open the bar! This is our way of thanking your for your membership and support for the past 25 years!

Can you think of a reason not to attend?

Register today, if you haven’t already and get ready for what’s promised to be one of NACBA’s most memorable conferences to date!

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

Receive a $25 Amazon Gift Card!

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

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

Receive a $25 Amazon Gift Card!

NACBA Membership Promotion!

Bankruptcy News Briefs 3/29

CFPB Quietly Issues 2017 FDCPA Report to Congress

E-ZPass Collector Wins Dismissal; Court Rules Tolls Not Debts Under FDCPA

CFPB: Credit Card Complaints Focus Most Often on Billing, Fraud

Caddis Funding accused of violating debt collection laws

When Trustee Abandoned Debtor’s Home, he also Abandoned the Proceeds from Post-Petition Foreclosure Sale of Debtor’s Home

JPMorgan Chase’s head economist sees bright outlook for consumers

Wells Fargo Strikes $110M Settlement Deal in Fake Accounts Cases

Can a Creditor’s Inaction Violate the Automatic Stay?

Credit Reporting Remains a High Priority for the CFPB

Upcoming NACBA Events

nacba25

Receive a $25 Amazon Gift Card!

NACBA Membership Promotion!

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

Receive a $25 Amazon Gift Card!

NACBA Membership Promotion!

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

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

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.

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.

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!