Summit at Sea

Bankruptcy News Briefs 8/14

Kicking Off the Week With New Headlines…

Lawmakers Demand Plan for Action to End Operation Choke Point

Number of workers raiding retirement funds rises

Appeals Court Creates TCPA Compliance Rule: Honor the “Call Me Sometimes” Request

Wells Fargo Scandal Helps Consumer Advocates in CFPB Rule Fight

City Could Not Avoid Liability for Stay Violation by Invoking Sovereign Immunity Defense Based on State Law

Minnesota, Other States Reach Settlement Over Improper Debt Collection Practices

Debtor Stated Plausible Claims for Stay and Discharge Violations, Beating Servicers’ Motion to Dismiss, Where Servicers’ Notices Claimed “Action Required” and that “Delinquency” Existed

Court Awarded No Damages to Debtor for Willful Stay Violation Since Debtor Failed to Mitigate Damages

How More Americans Are Getting a Perfect Credit Score

You Owe IRS Taxes: What Do You Do? (Part 1)

Unfiled Tax Returns: What Do You Do? (Part 2)

Consumer debt is at a record high. Haven’t we learned?

NACBA Webinars!

 

 

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
Register: HERE

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically 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.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

 

 

 

 

 

 

Introduce a New Member to NACBA & 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!

Exciting Upcoming Events!

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 8/11

Friday’s Headlines…

US Sen. Elizabeth Warren asks CEOs to weigh in on CFPB’s forced arbitration rule

Debt collection giant reaches settlement with Idaho and other states over its practices

Debtor Who Acquired Ownership Interest in Home within 1,215 Days of Petition Date is Subject to Homestead Exemption Cap under §522(p)

Growing student debt a danger to Georgia economy

In Debt, We Trust for U.S. Consumers With $12.7 Trillion Burden

Upcoming Amendments to Bankruptcy Rule 3002 to Impact Bankruptcy Filing Practices for Mortgagees

Don’t Pick Up the Phone: Third Circuit Allows TCPA Standing from One Call

Costs trigger 8% drop in July bankruptcy filings

Consumer May Have Partially Revoked Consent to Receive Robocalls

Section 553 Of The Bankruptcy Code Preserves Rather Than Creates Setoff Rights

NACBA Webinars!

 

 

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
Register: HERE

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically 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.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

 

 

 

 

 

 

Introduce a New Member to NACBA & 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!

Exciting Upcoming Events!

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 8/10

Check out Today’s Headlines in the Briefs…

Texas Tax Purchaser’s Rights Cannot Be Modified

Bankruptcy Court Reopens 1995 Case in order to Decide Pre-1998 Student Loan Discharge Case Under 7-Year Repayment Rule

Rejecting the “Everyone Does It” Defense, U.S. Circuit Court Affirms Disbarrment of Bankruptcy Attorney who Submitted False Debtor Signatures and Omitted Assets from Schedules

Fresno consumer alleges debt collector violated FDCPA

Debt collector accuses of violation phone privacy statute

U.S. to Help Remove Debt Burden for Students Defrauded by For-Profit Chain

Real Property & Title Insurance Update: Week Ending July 28 & August 4, 2017

America’s credit card holders are $1 trillion in debt

NACBA Webinar Lineup!

 

 

Check out these upcoming webinars for August and Register Today!

Reverse Mortgages & Bankruptcy 
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non Member
Register HERE

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
Register: HERE

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically 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.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

 

 

 

 

 

 

Introduce a New Member to NACBA & 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!

Exciting Upcoming Events!

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 8/9

Midweek Headlines…

Credit Card Debt Reaches Record While Consumer Borrowing Pace Slows

Trump’s Plan to Implode ObamaCare Will Leave (Even More) Unpaid Medical Bills

Since Bank Canceled Debt by Issuing a 1099-C, it No Longer Had Mortgage on Debtors’ Home Under State Law

FDCPA Bona Fide Error Defense Did Not Protect Debt Collector Despite Following Controlling Precedent, En Banc Seventh Circuit Rules

Sixth Circuit: Firm’s Post-Foreclosure Conduct Does Not Violate FDCPA

Amazon Prime, eBay Passwords Sought from Bankruptcy Debtors

Chris Christie Signs Law Limiting How Much New Jersey Students Can Borrow

CFPB pushes Zillow to settle on RESPA violations

Siding with CFPB

NACBA Webinar Lineup!

 

 

Check out these upcoming webinars for August and Register Today!

Reverse Mortgages & Bankruptcy 
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non Member
Register HERE

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
Register: HERE

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically 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.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

 

 

 

 

 

 

Introduce a New Member to NACBA & 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!

Exciting Upcoming Events!

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 8/4

Headlines Closing Out the Week…

Acting Comptroller of the OCC Will Not File Petition to Stay CFPB Arbitration Rule

ED Update: RFP Process and Litigation Continues in Private Collection Agency Selection

Two FDCPA Class Actions Dismissed, Citing Supreme Court Ruling in Midland v. Johnson

Debtor Can Remove Tax Liens Against Personal Property

Having met the Residency Requirements, Even a “Bad Actor” like this Debtor, may Claim Florida’s Homestead Exemption

Debtor had No Claim for Discrimination against Employer under §525 where she Failed to Show Bankruptcy was the Sole Reason for Termination

Chapter 13 Trustee Must Pay Debtor’s Attorney’s Fees before Refunding Money to Debtor in Chapter 13 Cases Dismissed Pre-Confirmation

DOJ will be allowed to join Ocwen’s challenge to constitutionality of CFPB

Ch. 7 Debtor Can’t Reopen Case After Paying Fee Late

Illinois Federal Court Dismisses FDCPA Claims Focused on “Bounced Check” Language in Collection Letter

Citi Report Draws Frightening Parallel Between Student Loans and the Mortgage Crisis

Down But Not Out: The Second Circuit Breathes New Life Into the Use of TCPA Consent Clauses to Combat Revocation of Consent Claims

Decline in personal bankruptcy filings slows

6th Cir. Bankruptcy Panel Holds Foreclosure Deficiency Judgment May Be Avoided

New NACBA Webinars

 

 

Check out these upcoming webinars for August and Register Today!

Reverse Mortgages & Bankruptcy
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non Member
Register HERE

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
Register: HERE

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically 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.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

 

 

 

 

 

 

Introduce a New Member to NACBA & 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!

Exciting Upcoming Events!

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 Havan, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

 

Bankruptcy News Briefs 8/2

Check Out Today’s Midweek News…

FTC Announces Initiative to Share Consumers’ Call Complaints In Effort to Reduce the Number of Illegal Robocalls

ED Cancels Student Loan Servicing Solicitation; Announces “Next Generation” Plan

CFPB cracks down on hidden payment fees

Comptroller Backs Down From Fight With CFPB Over Arbitration Rule

Delinquencies Just Keep Declining

Class action denied in ‘misleading’ debt collection case vs Midland Credit Management

Bankruptcy filings rise for 3rd month in a row

This state has the most student loan debt

Navient Ordered to Pay $300,000 For Robocall Harassment

New NACBA Webinars

 

 

Check out these upcoming webinars for August and Register Today!

Reverse Mortgages & Bankruptcy
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non Member
Register HERE

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
Register: HERE

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically 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.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

 

 

 

 

 

 

Introduce a New Member to NACBA & 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!

Exciting Upcoming Events!

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 Havan, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 8/1

A New Month With New Headline

CFPB Issues Compliance Bulletin on Fees for Phone Payments

Operation Choke Point Lawsuit Requires FDIC to Release Documents

First Party Servicing on Medical Accounts: The Federal and State Landscape Continues to Shift

Debtor Could Not Manipulate Debt Limits for Chapter 13 Eligibility by Making Preferential Pre-petition Payments

Rothfus’ legislation would overturn “anti-consumer” rule

New Bankruptcy Rules Effective December 1, 2017, Will Impact Financial Institutions

The Fair Debt Collection Practices Act: Time for an Update?

OCC sounds alarm on CFPB arbitration rule, welcomes Congressional repeal

46 Year-Old Debtor, who Earned $63,000/year and Supported Adult Child Failed First Prong of Brunner Test and Could Not Discharge Student Loans

Debt Collector Ordered to Pay $25 Million to State of Texas for Illegal Debt Collection Practices

New NACBA Webinars

 

 

Check out these upcoming webinars for August and Register Today!

Reverse Mortgages & Bankruptcy
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non Member
Register HERE

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
Register: HERE

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically 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.

Introduce a New Member to NACBA & 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!

Exciting Upcoming Events!

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 Havan, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 7/31

Let’s Kick Off a New Week with Fresh Headlines…

FDCPA Case Law Review for June and July 2017

Trump Confidant Lewandowski Calls for CFPB’s Cordray to Be Fired

JP Morgan Chase Could Not Impute Trustee’s Disbursement Delay to Debtor to establish “Cause” to Lift the Stay on Debtor’s Home.

Court Treats Creditor’s Objection to Chapter 13 Plan, Filed within 60 days of 341 Meeting, as a Timely Filed Complaint Objecting to Discharge

Automatic Stay Did Not Protect Putative Debtor who was Determined to be Ineligible to be a Debtor on Filing Date

Bankruptcy Filings at Historic Lows But Expected to Rise

How to Make Lawsuits Work for Consumers

2017’s Top Five Consumer Complaints to the CFPB (So Far)

Special Report: Student loan borrowers herded into default, then hounded to repay

Citi just drew an ‘eerily reminiscent’ parallel between student loans and the subprime mortgage crisis

Why the Consumer Keeps Chugging Along

New NACBA Webinars

 

 

Check out these upcoming webinars for August and Register Today!

Reverse Mortgages & Bankruptcy
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non Member
Register HERE

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
Register: HERE

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically 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.

Introduce a New Member to NACBA & 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!

Exciting Upcoming Events!

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 Havan, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Hurricane Matthew Forces Cancellation of NACBA Workshop

Hurricane Matthew Forces Cancellation of NACBA Workshop
Dan LaBert | Latest News | October 4, 2016

It is with great regret to inform you that due to Hurricane Matthew and the current weather forecast issued for Miami and the Bahamas, NACBA has made the decision to cancel the 2016 Fall Workshop.

Given workshop attendees will be traveling from all parts of the country on Thursday and Friday AM when the storm is predicted to be hitting Miami, we believe in applying common sense and putting the safety of our members as the #1 priority.

Additional factors in canceling the workshop were as follows:

  • As of 5:00 PM Est. on Tuesday, the latest update has the storm tracking in a westerly direction. Florida Governor: Prepare for direct hit from Hurricane Matthew
  • The National Hurricane Center formally issuing both a hurricane watch and tropical storm warnings for Miami including points north and south of the city.
  • The state of Florida has issued a state of emergency due to expected hurricane conditions.
  • Travel advisories have been issues by almost all major airlines.
  • The threat to the entire Southeast Coast continues to grow.
  • POTUS canceled trip to Florida due to Hurricane Matthew.
  • Other legal associations have canceled their travel to the hurricane impacted area.
  • Even though the cruise line would re-route from the Bahamas to the Florida Keys, Key West is now embracing for storm impact.
  • Speaking with a cruise-line professional, even if the hurricane were to pass Miami by the time of our sailing, waters are expected to be “rough, choppy and possible bouts of sea sickness” will ensue.

As you may know, Royal Caribbean has not been forthcoming with information as they are trying to wait out any decision. Their website has not been updated in a timely fashion. The problem with their process is that it does not account for travel into Miami. Several of the workshop attendees and presenters are flying from the West Coast. They do not have the luxury of changing their flight to Thursday or Friday AM when conditions are expected to worsen.

Please know, NACBA will issue registration and cabin refunds (assuming you booked through the NACBA cruise agent) in a timely matter. We will also work with Royal Caribbean on postponing the cruise to a later date. Additionally, NACBA will consider a virtual format for the presentations that were to take place on board.

While we are terribly upset to cancel such an exciting event, the safety of NACBA members and their families take precedent over everything else. We have made every attempt to keep all attendees informed. We hope this decision will allow you to make the appropriate adjustments to your travel plans.

Thank you in advance for your understanding.

Bankruptcy News Briefs 10/4

Check Out The News…

nacbapicture

Credit Card Delinquencies Decline in 2016

Will Supreme Court Provide Definitive Answer on Whether Filing Proof of Claim on Out-of-Statute Debt is an FDCPA Violation?

IRS’s Planned Use of Private Debt Collectors Causing Concern

 Detroit defeats pensioners’ appeal over bankruptcy cuts

The fight over new payday lending rules gets nasty

Court Filings Subject To FDCPA, Says Seventh Circuit

Upcoming NACBA Events

Save the Date for NACBA’s Silver Anniversary Annual Convention

2017 NACBA’s 25th Annual Convention
Thursday, May 4’th – Sunday, May 7’th, 2017
Orlando, Florida

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