Summit at Sea

Bankruptcy News Briefs 10/3

It’s a Brand New Month with New Headlines…

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ACA Submits Comments on CFPB’s Proposed Consumer Complaint Closing Survey

Federal Student Loan Default Rates Continue to Decline

When CFPB Finds Deception Regardless Of A Lender’s Intent

Do I have to make all my post-petition mortgage payments to my bank during a chapter 13 case to receive my discharge?

Education Dept. Is Sued Over Debt Collection From Former Corinthian Students

Financial protection bureau concerned by some student loan servicers’ practices

Judge throws out three FDIC lawsuits over soured mortgage debt

Company allegedly targeting troops must provide $96 million in debt relief

Massachusetts Consumer Advocates Fight Debt Collectors

Upcoming NACBA Events

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NACBA’s 2016 Fall Workshop is Only Days Away!

Pack your bags and set sail for the 2016 NACBA Fall Workshop on October 6th-9th for stellar sessions, excellent presenters, CLE, networking and a little relaxation!  Get all the details and register today!

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

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 9/30

News Leading Into the Weekend…

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CFPB Complaint Snapshot Shows Little Change in 2015/16 Average Debt Collection Complaints

U.S. District Court Rules Letter with Internal Reference Number Does Not Violate FDCPA

Cert. Petitions Filed in FDCPA Cases

Advocates Disappointed Private Debt Collectors Will Begin Collecting Federal Tax Debts

 CFPB Finds Consumers Save When Incentivized

Warren joins complaints against debt collection practices

Couple accuses debt collection agency of violating phone laws

Massachusetts AG Settles Abusive Debt Collection Claims Against Mortgage Servicer

Bankruptcy Procedure in the Context of Turnover and Preference Law

How student loan debt causes a chain reaction in the housing market

Upcoming NACBA Events

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NACBA’s 2016 Fall Workshop is Only Days Away!

Pack your bags and set sail for the 2016 NACBA Fall Workshop on October 6th-9th for stellar sessions, excellent presenters, CLE, networking and a little relaxation!  Get all the details and register today!

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

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 9/29

Check Out Today’s Headlines…

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TCPA Case Law Review for August 2016

U.S. District Court Rules Letter with Internal Reference Number Does Not Violate FDCPA

LendUp Feels Growing Pains As CFPB Orders Payment for Misleading Practices

Unsecured Creditors May Expect Better Recoveries in Bankruptcy

Wells Fargo Isn’t the Only Bank That Draws Cross-Selling Complaints

House Democrats Push CFPB for Stronger Payday Rule

CFPB September 2016 complaint report highlights money transfer complaints, complaints from Pennsylvania consumers

Advocates seek more limits on debt collectors

Monthly Consumer Litigation Increases for FDCPA; TCPA Cases Decline

Upcoming NACBA Events

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NACBA’s 2016 Fall Workshop is Only Days Away!

Pack your bags and set sail for the 2016 NACBA Fall Workshop on October 6th-9th for stellar sessions, excellent presenters, CLE, networking and a little relaxation!  Get all the details and register today!

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

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 9/28

Midweek News…

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Action for Fraudulent Transfer Not “On a Contract”

Fintech Upstart LendUp Fined by CFPB, California Regulator

CFPB: One Million Complaints Handled and Counting

Delinquencies Decline But Remain High Relative to 2000s

8th Circuit: Debt Collector May Call Third Party More Than Once Without Violating FDCPA

Private Tax Collectors And Taxpayers’ Right To Avoid Them

Why The Fed Must Be Careful About A Hike – Consumer Debt

Upcoming NACBA Events

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NACBA’s 2016 Fall Workshop

Pack your bags and set sail for the 2016 NACBA Fall Workshop on October 6th-9th for stellar sessions, excellent presenters, CLE, networking and a little relaxation!  Get all the details and register today!

Register today!

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

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 9/27

Dig Into Today’s Headlines…

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Study: Credit Card Debt on Pace to Reach Record High This Year

Consumer Advocacy Coalition Expresses Concern over CFPB Proposed Rules

CFPB Files Lawsuit Against Credit Repair Company Prime Marketing Holdings

Feds fine TitleMax’s parent company $9M over loan practices

IRS Announces Private Collection Firms – They Start In The Spring

Cost to taxpayers on loan forgiveness could skyrocket

Jointly-Owned Property: Not Always the Right Plan

Have You Visited NACBA’s Webinar Store?

Check out all the informative Webinars Available to you!

  • Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems
    with Non-Bankruptcy Causes of Action (More Info)
  • Lesson from Harris v. Viegelagn  (More Info)
  • Regulation X & Z Enforcement: New Tools for Consumer Attorneys (More Info)
  • New Proof of Claim & Mortgage Attachment: Other Form Changes (More Info)
  • Getting Rid of Encumbered Property in Consumer Cases (More Info)
  • “Modernized” Bankruptcy Forms Part I Webinar (More Info)
  • “Modernized” Bankruptcy Forms Part II: Live Q&A (More Info)
  • Student Loans in Bankruptcy Workshop (More Info)
  • 2015 Supreme Court Decisions & What They Mean For Your Practice (More Info)
  • Security Clearances & Bankruptcy (More Info)
  • Taxes In Bankruptcy, 2014 Virtual Fall Workshop (More Info)
  • Family Law & Bankruptcy (More Info)
  • Getting Paid: Collecting Reasonable Attorneys’ Fees in Chap 7 & Chap 13
  • Dealing with Debt Buyer Claims

Member Benefit webinars (Free to NACBA Members) are located on the Member Dashboard page.

Upcoming NACBA Events

NACBA’s  2016 Fall Workshop

Thursday, October 6’th-Sunday, October 9’th
Enchantment of the Seas

Register today!

Save the Date for NACBA’s Silver Anniversary Annual Convention

2017 NACBA’s 25th Annual Convention 
Thursday, May 4’th – Sunday, May 7’t h, 2017
Orlando, Florida

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

10 Reasons Why You Should Attend NACBA’s Fall Workshop

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#NACBASEA is only 10 days away! Just think in 10 days you could be on the Enchantment of the Seas with your peers getting ready for an unforgettable educational voyage, but you have to register!

So today, we’re giving you 10 Reasons Why You Should Attend #NACBASEA, October 6th-9th ! Are you ready matey?

  1. You Get to Learn on a Cruise Ship! Fully renovated with exciting new features, Enchantment of the Seas® has it all!  You will enjoy state-of-the-art conference facilities with an array of complimentary amenities found exclusively on-board Royal Caribbean International®.  Enchantment of the Seas®
  2. You Can Still Receive the Early Bird Rate! The Early Bird rate has been extended! So registration is an affordable, $395.00!
  3. Who Doesn’t Love a Launch Party? Before setting sale attend our Pre-Cruise Session from 1-5 than wind down with a Launch Party in Miami at the Shelborne Wyndham Grand Hotel.
  4. Earn CLE: What better way to earn CLE than on a cruise ship?
  5. Networking with Your Peers and Colleagues: Kick back, relax and catch up with your peers after a long day of sessions while the sun sets on the horizon.
  6. Exhibitors: On Friday, visit our exhibitors while you enjoy a kickoff reception!
  7. Stellar Sessions and Speakers: We have a lineup that you won’t want to miss. It’s isn’t all fun, it’s about learning too! Our sessions are relevant and timely to your firm!
  8.  The Resources! All Fall Workshop Registrants will receive, at no additional cost, a copy of NCLC’s Quick Guide to Federal Evidence and Objections(value $35).  Wait there’s more, you’ll receive seven days (7) of complete access to the NCLC Digital Library
  9.  You’re Entered Into a Fabulous Contest! All attendees will be registered for a chance at winning 1 of 10 NCLC Consumer Bankruptcy Law & Practice 2016 Eleventh Edition (value $140).
  10. You Can Make it a Family Affair: Last, but certainly not least you can bring the family! After all you shouldn’t be the only one having a good time right? Check out the many activities your family can enjoy while aboard!

So, can we expect you to attend our first ever NACBA Fall Workshop Cruise? We just gave you 10 good reasons so Register today and let’s get ready to set sail!

Bankruptcy News Briefs 9/26

A New Week With New Headlines…

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Bank Card Default Rates Continue to Decline

Third Circuit Court of Appeals Concludes that Section 303(i) Does Not Preempt State Law Claims of Non-Debtors Predicated on the Filing of an Involuntary Petition

CFPB sues car title lenders

Legislators take on predatory student loan practices

San Diego consumer accuses marketing agency of violating TCPA

Millions in U.S. Climb Out of Poverty, at Long Last

Upcoming NACBA’s Events

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Join your peers and register for upcoming NACBA Events! Attend informative sessions, network, earn CLE and experience NACBA!

NACBA’s  2016 Fall Workshop

Thursday, October 6’th-Sunday, October 9’th
Enchantment of the Seas

Register today!

Save the Date for NACBA’s Silver Anniversary Annual Convention

2017 NACBA’s 25th Annual Convention 
Thursday, May 4’th – Sunday, May 7’t h, 2017
Orlando, Florida

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 9/23

It’s Friday! Check Out These Headlines Leading Into the Weekend…

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House Subcommittee Hears a Medley of Options for TCPA Reform

3rd Cir. Holds No TCPA Coverage Under Business Owners Insurance Policy

Political Fight Over CFPB Heats Up After Wells Fargo Scandal

Student Loan Debt Hinders Economic Mobility

Why Seniors with Mortgage Debt are Becoming the ‘New Normal’ for Retirement

Events

NACBA’s  Fall Workshop

EARLY BIRD RATE IS EXTENDED! REGISTER TODAY FOR SAVINGS!

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Pack your bags and set sail for the 2016 NACBA Fall Workshop on October 6th-9th for stellar sessions, excellent presenters, CLE, networking and a little relaxation!  Get all the details and register today!

SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

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

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 9/22

Thursday’s Headlines…

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“Equivalent Report” Workaround Fails in First Circuit

Advocates Urge CFPB to Strengthen Outlined Debt Collection Rules to Better Protect Consumers

Update: House Subcommittee Announces Witnesses for TCPA Hearing

U.S. Reps Ask CFPB to Include Safe Harbor in Arbitration Rule

Military veterans are losing GI Bill benefits because of ITT bankruptcy

CFPB to credit unions: New mortgage regulations level the lending playing field

Defending A Preference Action – Can You Setoff Post-Petition Amounts Owed by the Debtor Against Your Preference Liability?

D.C. would have more oversight over student loan debt collectors under council proposal

REGISTER FOR TODAY’S WEBINAR BY 2:00 PM

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Don’t miss your chance to listen in on today’s webinar and to be entered to receive a copy of the Chapter 13 Practice and Procedure, 2nd, 2016 Ed. worth $408.00!

Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems with Non-Bankruptcy Causes of Action
DATE: Thursday, September 22, 2016 – 3:00 PM EST / 12:00 PM PST
COST: $25 NACBA Member, $75 Non-Member
PRESENTERS:
Judge Paul W. Bonapfel, Northern District of Georgia
J. Erik Heath, Esq., Consumer Bankruptcy Attorney, San Francisco, CA
John Rao, Esq., National Consumer Law Center, Inc.
REGISTER: HERE

BONUS: One (1) attendee/ registrant will be chosen at random to receive a copy of Chapter 13: Practice And Procedure, 2d, 2016 Ed.. The new second edition is a guide to virtually everything you need to know about practicing law under Chapter 13 of the Bankruptcy Code.(Value $408)

This webinar will cover a variety of standing, judicial estoppel and claim preclusion issues and offer practical suggestions for ways to ensure that debtors’ non-bankruptcy causes of action can be litigated. Topics will include debtor’s standing during and after Chapter 7 and 13 cases, determining whether a cause of action is property of the estate, proper scheduling and disclosure of claims including whether a duty exists for post-petition claims in Chapter 13 cases, avoiding and responding to judicial estoppel arguments, plan treatment of prosecution and settlement of litigation, employment and compensation of counsel to litigate debtor’s legal claims, effect of plan confirmation on debtor’s right to bring causes of action post-confirmation; impact of stating an intent to surrender collateral on post-bankruptcy claims and defenses; using waiver and estoppel arguments against mortgage creditors.

If you are unable to attend the live webinar, please register by September 22, 2016 at 2:00 PM Est. to receive the webinar recording, materials (copy of presentation and Non Bankruptcy Causes of Action exert from Chapter 13: Practice And Procedure, 2d, 2016 Ed) and be registered for drawing.

Events

NACBA’s  Fall Workshop

EARLY BIRD RATE IS EXTENDED! REGISTER TODAY FOR SAVINGS!

Sail-Away-1024x551 (1)

Pack your bags and set sail for the 2016 NACBA Fall Workshop on October 6th-9th for stellar sessions, excellent presenters, CLE, networking and a little relaxation!  Get all the details and register today!

SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

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

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 9/21

What’s Happening this Wednesday?

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Survey: Majority of Consumers are Concerned About Identity Theft

California Amends Requirements for Debt Collectors Responding to Consumer Claims of Identity Theft
House Committee Approves Dodd-Frank Replacement Bill

Senate and Congressional Hearings – Lots of Noise, but What Impact?

Former Regulator Points to CFPB Failure behind Wells Fargo Scandal

Stern Amendments to Bankruptcy Rules

Landlords, Leases and Financial Distress

CFPB consumer complaint database about to hit 1 million complaints

The Government’s Plan to Reduce Student-Loan Defaults Helps Borrowers Who Need It Least

ONE DAY LEFT UNTIL TOMORROW’S WEBINAR

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Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems with Non-Bankruptcy Causes of Action
DATE: Thursday, September 22, 2016 – 3:00 PM EST / 12:00 PM PST
COST: $25 NACBA Member, $75 Non-Member
PRESENTERS:
Judge Paul W. Bonapfel, Northern District of Georgia
J. Erik Heath, Esq., Consumer Bankruptcy Attorney, San Francisco, CA
John Rao, Esq., National Consumer Law Center, Inc.
REGISTER: HERE

BONUS: One (1) attendee/ registrant will be chosen at random to receive a copy of Chapter 13: Practice And Procedure, 2d, 2016 Ed.. The new second edition is a guide to virtually everything you need to know about practicing law under Chapter 13 of the Bankruptcy Code.(Value $408)

This webinar will cover a variety of standing, judicial estoppel and claim preclusion issues and offer practical suggestions for ways to ensure that debtors’ non-bankruptcy causes of action can be litigated. Topics will include debtor’s standing during and after Chapter 7 and 13 cases, determining whether a cause of action is property of the estate, proper scheduling and disclosure of claims including whether a duty exists for post-petition claims in Chapter 13 cases, avoiding and responding to judicial estoppel arguments, plan treatment of prosecution and settlement of litigation, employment and compensation of counsel to litigate debtor’s legal claims, effect of plan confirmation on debtor’s right to bring causes of action post-confirmation; impact of stating an intent to surrender collateral on post-bankruptcy claims and defenses; using waiver and estoppel arguments against mortgage creditors.

If you are unable to attend the live webinar, please register by September 22, 2016 at 2:00 PM Est. to receive the webinar recording, materials (copy of presentation and Non Bankruptcy Causes of Action exert from Chapter 13: Practice And Procedure, 2d, 2016 Ed) and be registered for drawing.

Events

NACBA’s  Fall Workshop

EARLY BIRD RATE IS EXTENDED! REGISTER TODAY FOR SAVINGS!

Sail-Away-1024x551 (1)

Pack your bags and set sail for the 2016 NACBA Fall Workshop on October 6th-9th for stellar sessions, excellent presenters, CLE, networking and a little relaxation!  Get all the details and register today!

SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

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

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!