Virtual Workshop

Bankruptcy New Briefs 11/16

What’s Happening In the News? Check it Out…

Update: CFPB Director Richard Cordray Resigns

Statement of National Consumer Law Center Executive Director Rich Dubois Regarding Richard Cordray Stepping Down as Director of the Consumer Financial Protection Bureau

Survey Finds Most Healthcare Providers Plan to Dump Traditional Collections Methods by Q4 2018

California Court Dismisses Action for Lack of Jurisdiction Pursuant to Spokeo

There is no “Ride-Through” on Mobile Home Debt; Debtor must Redeem the Property or Reaffirm the Debt in order to Retain it

Nurses and RIP Continue Efforts to Forgive Medical Debt

5 Flaws That Kill Student Loan Collection Lawsuits

The Reasons More Older Americans Are Filing for Bankruptcy

Rising Consumer Debt: Cracks Are Starting To Appear

Wells CFO Not Losing Sleep Over Rising Consumer Debt

‘No money down’ bankruptcies prevalent among the poor, minorities

How much student loan debt people owe in each state exposes a pattern we should have seen coming

Registration is Open for the 2017 Virtual Bankruptcy Workshop!

Examine the New and Amended Bankruptcy Rules, National Uniform Plan and Local Plans

December 7-8, 2017
12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
NACBA Member Fee: $199
Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Register HERE

  • You must be logged in to receive the member rate. See help video.

Registration is Open for the 2018 NACBA Annual Convention! 

Join us in Denver, Colorado at the Sheraton in Downtown Denver a beautiful and convenient location that is the perfect backdrop for this much-anticipated event. We couldn’t be more excited for you to experience our stellar and informative sessions, listen to our expert keynote speakers that include, Dr. Wendy Osefo,  Susan Carnicero, Rashmi Airan, and Amy Vetter, attend 1 of 3 Pre-Convention Sessions, along with the opportunity to network with your peers and colleagues, visit the expansive exhibit,  earn CLE, plus so much more!

We can’t wait to see you! Don’t delay Register by February 23rd, 2018 to receive the Early Bird Rate! 

Visit https://www.nacba.org/nacbaden/ your go-to spot for everything #NACBADEN!

Save the Date

  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! 
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Bankruptcy News Briefs 11/15

Midweek Headlines…

Beware Holiday Shoppers: Deferred Interest Promotions Promise 0% Now, but Can Cost Big Bucks Later

Lawsuit accuses debt collector of unfair practices

Debtor’s Chapter 7 Fails 707(b)’s “Smell Test”

Win for Consumers: Second Circuit Reverses Debt Collection Suit

Amendments To The Federal Rules Of Bankruptcy Procedure Take Effect December 1, 2017

Another Industry Win in the Battle Over Interest Disclosures in Second Circuit

CFPB Provides Guidance on Consumer Data Protection

Freedom Debt Relief: CFPB “fundamentally misunderstands” debt settlement process

CFPB The CFPB Wants More Data On Free Credit Scoring Sites

U.S. Household Debt Reaches Record $13 Trillion: Watch Subprime Auto Loans

Speak Up About Student Loan Consumer Protections

AFBC Encourages Consumers to Check on Their Credit Report and Student Loan Accounts

The Student Loan Default Crisis for Borrowers with Children

Registration is Open for the 2017 Virtual Bankruptcy Workshop!

Examine the New and Amended Bankruptcy Rules, National Uniform Plan and Local Plans

December 7-8, 2017
12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
NACBA Member Fee: $199
Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Register HERE

  • You must be logged in to receive the member rate. See help video.

Registration is Open for the 2018 NACBA Annual Convention! 

Join us in Denver, Colorado at the Sheraton in Downtown Denver a beautiful and convenient location that is the perfect backdrop for this much-anticipated event. We couldn’t be more excited for you to experience our stellar and informative sessions, listen to our expert keynote speakers that include, Dr. Wendy Osefo,  Susan Carnicero, Rashmi Airan, and Amy Vetter, attend 1 of 3 Pre-Convention Sessions, along with the opportunity to network with your peers and colleagues, visit the expansive exhibit,  earn CLE, plus so much more!

We can’t wait to see you! Don’t delay Register by February 23rd, 2018 to receive the Early Bird Rate! 

Visit https://www.nacba.org/nacbaden/ your go-to spot for everything #NACBADEN!

Save the Date

  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! 

Bankruptcy News Briefs 11/8

Midweek Headlines…

U.S. consumer agency sues Freedom Debt Relief for misleading consumers

Who Is to Blame for Skyrocketing Consumer Credit Debt?

Oregon Requires Debt Buyers to be Licensed, Stronger Documentation

Wall Street Is Fighting a CFPB Deal Over Billions in Defaulted Student Loans

CFPB Issues Interim Final Rule Amending Time Requirement For Servicers To Send Subsequent Early Intervention Notices

Debtors Who Transferred Rental Property to their Daughter 4 Years Pre-petition Passed Marrama’s Good-Faith Test and Could Convert to Chapter 13

Registration is Open for the 2017 Virtual Bankruptcy Workshop!

Examine the New and Amended Bankruptcy Rules, National Uniform Plan and Local Plans

December 7-8, 2017
12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
NACBA Member Fee: $199
Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Register HERE

  • You must be logged in to receive the member rate. See help video.

Register for November’s Webinar!

How to Introduce an Appraiser’s Testimony and Appraisal as Evidence in Bankruptcy Court

Date: Thursday, November 9, 2017, 3:00 PM – 4:15 PM Eastern
Presented By: James J. Haller, Esq.
Cost:  $25 Member / $75 Non Member
Register: HERE

What’s New at NACBA?

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver! Registration opens November 13,2017!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! 

Bankruptcy News Briefs 11/7

Tuesday’s Headlines in the Briefs…

Florida Court Finds Materiality Needed for Date of Delinquency Claims Under FDCPA

Ocwen To Show Cause Why It Shouldn’t Be Held in Contempt

Consumer Groups Oppose Credit Unions’ Attempts to Robocall, Text Message Customers Without Their Consent

Debtor and Creditor Could Not Agree to Except Debt from Discharge by using a Joint Stipulation

Family farmers get a break (Chapter 12 bankruptcy)

CFPB’s Arbitration Rule Came in with a Roar, Leaves with a Whisper

Why Credit Card Debt Is A Consumer Noose And Could Hurt The 4 ‘Too Big To Fail’ Money Center Banks

CFPB Consumer Advisory Board Addresses Debt Collection; Samet Changes the Conversation

FTC reaches settlement with Chicago operators of alleged fake debt collection scheme

Consumer Credit in U.S. Rises by Most Since November 2016

Registration is Open for the 2017 Virtual Bankruptcy Workshop!

Examine the New and Amended Bankruptcy Rules, National Uniform Plan and Local Plans

December 7-8, 2017
12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
NACBA Member Fee: $199
Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Register HERE

  • You must be logged in to receive the member rate. See help video.

Register for November’s Webinar!

How to Introduce an Appraiser’s Testimony and Appraisal as Evidence in Bankruptcy Court

Date: Thursday, November 9, 2017, 3:00 PM – 4:15 PM Eastern
Presented By: James J. Haller, Esq.
Cost:  $25 Member / $75 Non Member
Register: HERE

What’s New at NACBA?

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver! Registration opens November 13,2017!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! 

Register Today for NACBA’s 2017 Virtual Bankruptcy Workshop

NACBA’s panel of experts will examine the new and amended bankruptcy rules, national uniform plan and local plans.  While your district may be using its own local plan, many plans use language substantially similar to the national form plan.  Find out what issues may arise and how to litigate them.  Does your local plan meet the legal requirements of Bankruptcy Rule 3015.1?  What districts are using the national plan, national plan lite or original local plans? Join us to find out.

Some of the issues that will be discussed in this seminar include:

  • Under Amended Rule 2002(a)(9) is the Bankruptcy Clerk’s office going to assume the responsibility of notifying all creditors of the deadline to file an objection to confirmation
  • When is the earliest possible hearing date for confirmation under the new rules?
  • If no objections are filed can the Court confirm the plan without hearing?
  • Does the 7-day deadline to file an objection to confirmation apply to chapter 13 trustees as well?
  • Why was the lien protection for secured creditors added in amended Rule 3002(a)?
  • What effect will the change in deadline to file claims have on creditors and debtors?
  • Does amended Rule 3002(c)(6) mean that creditors effectively have carte blanche to file claims late?
  • What exactly do claims for residences have to include?  What can be left out and why?
  • When objecting to claims what official form has to be used?  Has the entity to be given notice changed?
  • Do the amended rules allow debtors to determine secured and priority amounts through the plan?  What if the district is using a local form plan?
  • Can debtors do a lien strip using the plan?  How?
  • When should new rule 5009(d) be used, at the beginning or end of case?  How do attorneys get paid for the work?
  • Has your local chapter 13 form plan qualified under the requirements of new Bankruptcy Rule 3015.1?  If not what can you do?
  • Which jurisdictions have opted to use a local plan?  Are those plans similar or completely different than the uniform plan?   What if your district hasn’t officially adopted a local plan but is working on it.  Which plan should you use?
  • What additional language can be used in the non-standard section of the plan?  Give us lots of examples.
  • How do attorney’s fees get paid under the uniform plan?  Is there suggested distribution language to use in plans to insure attorneys are paid?

Materials for the workshop include:

  • Copies of red-lined rules and the national uniform plan;
  • Copies of NACBA and NCBJ’s comments to proposed rules;
  • Recommended non-standard plan language add-ins including but not limited to 524(i) language, partial cram down of non-PMSI, lien strip off in chapter 20 cases, modification of the stay adjustments, attorneys fees and priority of payments under the plan.
  • Map/list of districts using uniform plan vs. local plans;
  • Copies of form motions and briefs to challenge local plans.

Here’s All The Information You Need to Get Registered Today!

Register HERE

  • You must be logged in to receive the member rate. See help video.

Dates: December 7-8, 2017
Time:12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
Rate: NACBA Member Fee: $199 Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Bankruptcy News Briefs 12/27

nacbapicture

CFPB Will Likely Issue Rule Targeting Arbitration Before Trump Takes Over, Attorney Says

Here’s Why Consumer Spending Dropped in November

Bankruptcy Becomes an Option for Some Borrowers Burdened by Student Loans

Consumer Credit Card Debt Inches Toward $1 Trillion

Feds refuse to stop taxing the canceled student debt of severely disabled people

Plan Proponents Beware of “Death Trap” Traps in Chapter 11 Plans and Disclosure Statements

The next victims of the student debt crisis: Mom and dad

Unpaid Student Debt Sending Seniors Below Poverty Line

As Obama Steps Aside, Banks See New Opportunity in Student-Lending Business

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 for the Early Bird Rate that ends March 3rd, 2017 for savings! You can also receive $100.00 discount on registration when you support the #NCBRC. Offer Ends 12/31.

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!

Renew Your NACBA Membership

We want you to have access and the member rate to all of NACBA’s exciting upcoming events in 2017, especially our 25 year celebration at the Annual Convention. Take a moment today to Renew your membership or if your not a member of NACBA there is no better time to Join!

 

2016 Virtual Bankruptcy Workshop Session Highlight

2016-3

Friday, December 16th

1:00 PM-2:00 PM ET

“Anchoring your Divorce and Bankruptcy Practice: There’s a Hole in My Boat! The Stay Doesn’t Stay Everything”
Presented by: Hon. Sandy Karlan (Ret.) & Ian Falcone Esq.

Don’t miss this informative and relevant session on divorce and bankruptcy. Make sure your client stays anchored! Check out the topics that will be discussed to ensure sure the boat doesn’t sink:

  • Keep it above board. Reviewing divorce forms to protect your client from committing bankruptcy fraud.
  • Over a Barrel: Dischargeability Issues
  • Any port in a storm: Who determines whether an award is a dischargeable?
  • Dead Reckoning: What determines whether an award is dischargeable?
  • Give me some slack: Learn the importance of language contained in the divorce decree
  • Batten down the hatches: Protecting attorney’s fees in discharge proceedings.

Didn’t catch Session 1? No problem, Register today for Session 2 to receive the recordings and material for both sessions!

About Our Presenters:

Ian Falcone

avatar for Ian Falcone

Ian M. Falcone is a Senior Attorney with more than 20 years of legal experience with TheFalcone Law Firm, P.C. located in Marietta, Georgia. The practice focuses on complexbankruptcy matters involving intertwined corporate and personal debt situations, tax liabilitiesand divorce related obligations. Mr. Falcone also handles contested and uncontested divorces,child support modifications, contempt cases, as well as small business representation andlitigation.Mr. Falcone received his Bachelor of Science degree from the College of Engineering at TuftsUniversity in 1989 and his Juris Doctor from Albany Law School in 1992. He has served asPresident of the Bankruptcy Section of the Cobb County Bar, President of the Solo and SmallFirm Section of the Cobb County Bar, is a member of the Family Law Section of the Cobb County Bar, a member of the National Association of Consumer Bankruptcy Attorneys(NACBA), and a member of the Metro Atlanta Consumer Bankruptcy Attorney Group. He maintains a bankruptcy blog: BK Beyond the Basics which can be found at http://falconefirm.blogspot.com.

 

Sandy Karlan

avatar for Sandy Karlan

Sandy Karlan is certified by The Florida Supreme Court as a family court mediator and is board certified by The Florida Bar in Marital and Family Law.  She is the author of a chapter on Bankruptcy for the Matthew Bender six-volume series on Florida Family Law and is currently a commentator on bankruptcy law for The Florida Family Law Reporter published by Matthew Bender.  She has also written numerous articles and lectured on bankruptcy and family law, and is regularly invited to teach at Judicial College.

Sandy Karlan was appointed by Governor Lawton Chiles to the Circuit Court in the Eleventh Judicial Circuit Court of Miami-Dade County where she served for almost 20 years until December 2014. During that time, she also served as the Administrative Judge of the Family Division. As Administrative Judge of the Eleventh Judicial Circuit’s Family Division, Sandy Karlan was responsible for projects including coordination between the Court and Department of Revenue regarding child support matters.  She also helped to develop KidSide, Inc., a 501(c)(3) organization dedicated to providing funding for Family Court Services.

For several years, Sandy Karlan was a member of the Florida Supreme Court’s Family Court Steering Committee, which developed the model family court and the Florida Supreme Court adopted the model in May 2001.  She was Chair of the Florida Bar Commission on the Legal Needs of Children, which studied the needs of children who appear in all divisions of Florida courts and produced a comprehensive report documenting the unmet legal needs of children, including recommendations to meet those needs in areas such as representation and confidentiality.  That report provided a blueprint for changes that have subsequently been implemented.

Her recent appointment, as a member of the Florida Children and Youth Cabinet was made by Governor Rick Scott. The Cabinet’s statutory purpose is to ensure that services for children and youth are coordinated between state agencies and delivered to improve the quality of life for Florida’s children.

Sandy Karlan received her Juris Doctor degree in 1978 with honors from the Shepard Broad Law Center at Nova Southeastern University.  In private practice for 17 years, she specialized in bankruptcy and family law.

Sandy Karlan received numerous awards throughout her career including the Greater Miami Jewish Federation Community Service Award and Legal Services of Greater Miami has created the Judge Sandy Karlan Law Student Fellowship in her honor.  She is currently a board member and past President of the Florida Chapter of the Association of Family & Conciliation Courts (FLAFCC) and a member of the International Women’s Forum.