Virtual Workshop

Bankruptcy News Briefs 12/27

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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

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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!

 

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2016 Virtual Bankruptcy Workshop Session Highlight

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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.

Bankruptcy News Briefs 12/13

Headlines Leading Into the Week…

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Consumers’ Outlook on Credit Availability Improves in November

A Former CFPB Insider’s Guide: Things to Consider before Responding to Your CFPB Complaints

Court Holds That Interest Reference in Dunning Letter is Not FDCPA Violation

Existence of Unpaid Tax Claim in Bankruptcy Opens the Door to Expanded Statute of Limitations on Fraudulent Conveyances

Five Ways CFPB Regulations Harm the Middle Class

BLOOMBERG LAW INSIGHTS: CFPB and Payment Processor Enforcement Actions

FICO Research: Average US Student Loan Debt Doubled in 10 Years

A Chart To Change How We Think About Student Loan Debt

Losses on Private Student Loans Hit Lowest Level Since 2008

Little Rock-area consumer debt tops in Fed region

Credit Card Debt Could Cause Next Financial Meltdown

Consumers Spending More, Risking More Debt This Holiday

Upcoming NACBA Events

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Registration is Open for 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!

Jump start by registering for tomorrow’s Webinar!

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Growing Your Bankruptcy Practice in 2017 and Beyond

Date: Wednesday, December 14, 2016
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 minutes)
Presenter: Richard James, CEO, Office of Richard James
Cost: No Cost to NACBA Members – Member Benefit

Register HERE

If you want to build a law firm that supports your lifestyle, instead of undermining it, then join Richard James on Wednesday, December 14th at 3 PM ET. If you want 2017 to be the year that you finally build the law firm of your dreams, then you have to be on this webinar training. Learn the key strategies that hundreds of Richard James’ clients are using to grow like never before. This is real world, in the trenches advice you can put to practice right away.

2016 Virtual Bankruptcy Workshop

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There’s still time to Register for the second session of the 2016 Virtual Bankruptcy Workshop on Friday, December 16th from 12:00 PM-3:00 PM. If you register you can request access to the session one recording from Friday, December 9th.

COST: $99 NACBA Members, $199 Non Members

INCLUDES:
All Materials, Certificate of Attendance, Seminar Recordings, Live Q&A

REGISTER HERE

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

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Ready for a second round of sessions of the 2016 Virtual Bankruptcy Workshop?

Friday, December 16th 

12:00 PM-1:00 PM ET

Sailing the Supreme Court Seas: The Top Supreme Court Consumer Bankruptcy Decisions
Presented by: Tara Twomey, Esq. & Henry Sommer, Esq.

It may not be the best court, but it’s the highest court and it is the last word for sailors of the bankruptcy globe. This panel will navigate the Court’s decisions on important consumer bankruptcy issues, including, exemptions, dischargeability, claims, discrimination, chapter 13 plans, lien stripping, and more.

There is still time to Register even if you didn’t register for session one on December 9th. Register today and still receive the recording for session one and session two if you are unable to attend.

About Our Presenters:

avatar for Henry Sommer

Henry Sommer

Henry J. Sommer is Supervising Attorney at the pro bono Consumer Bankruptcy Assistance Project in Philadelphia. He has litigated many major cases involving bankruptcy, consumer law, civil rights and other issues. Previously, he was the head of the Consumer Law Project at Community Legal Services in Philadelphia, where he worked for over 21 years. Mr. Sommer has also served as a Lecturer-in-Law at the University of Pennsylvania Law School and is an Adjunct Professor at Temple University School of Law. He received his A.B. degree from Harvard College, magna cum laude and his J.D. degree from Harvard Law School, cum laude.

Mr. Sommer is Editor in Chief of Collier on Bankruptcy and the entire Collier line of bankruptcy publications. He is the author of Collier Consumer Bankruptcy Practice Guide (Matthew Bender); Consumer Bankruptcy Law and Practice, (9th Ed. 2009) published by the National Consumer Law Center, Boston, Ma., and Consumer Bankruptcy: The Complete Guide to Chapter 7 and Chapter 13 Personal Bankruptcy (John Wiley & Sons 1994) as well as numerous articles on bankruptcy law. He is the co-author of Collier Family Law and the Bankruptcy Code (Matthew Bender).

Mr. Sommer is a former President of the National Association of Consumer Bankruptcy Attorneys (NACBA), a former member of the Federal Judicial Conference Advisory Committee on Bankruptcy Rules (appointed by the Chief Justice of the Supreme Court) and a member of the National Bankruptcy Conference. He is a Fellow of the American College of Bankruptcy, a member of the American Law Institute, and a former member of the Federal Reserve Board Consumer Advisory Council. He is also President of the National Consumer Bankruptcy Rights Center and a former Chairman of the Eastern District of Pennsylvania Bankruptcy Conference.

He has been asked to testify many times before the House and Senate Judiciary Committees, as well as the National Bankruptcy Review Commission, on bankruptcy and consumer law issues. He has served on the faculty of numerous continuing legal education programs including those presented by the Federal Judicial Center, NYU Law School, the National Conference of Bankruptcy Judges, the Southeastern Bankruptcy Law Institute, the Executive Office of U.S. Trustees, the ABA Family Law Section, NACBA, ALI-ABA and the Pennsylvania Bar Institute. Mr. Sommer was the first recipient of the National Consumer Law Center’s Vern Countryman Consumer Law Award.

avatar for Tara Twomey

Tara Twomey

Tara Twomey is the Amicus Project Director for the National Association of Consumer Bankruptcy Attorneys and currently Of Counsel to the National Consumer Law Center. She is currently a Lecturer in Law at Stanford, and has previously lectured at Harvard and Boston College Law Schools. Tara is a former Clinical Instructor at the Hale and Dorr Legal Services Center of Harvard Law School where her practice focused, in part, on sustainable homeownership for low- and moderate-income homeowners. She is a contributing author of several books published by the National Consumer Law Center including, Foreclosures: Defenses, Workouts and Mortgage Servicing and Bankruptcy Basics. Ms. Twomey is also a co-principal investigator, along with Professor Katherine M. Porter of the University of Iowa, for a national study examining mortgage claims in consumer bankruptcy cases.

Bankruptcy News Briefs

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Study: American Household Credit Card Debt Reaches Record Amount

Consumer Borrowing Rates Slow in October

CFPB Takes Action Against Reverse Mortgagees

Attorney Collecting Debt For A Debt Collector May Not Rely On Client’s Validation Notice

Post-Spokeo Standing and Fair Debt Collection Practices Act

Ohio Supreme Court Finds That An Action At Law On A Promissory Note To Collect A Mortgage Debt Is Separate And Distinct From An Action In Equity To Enforce A Mortgage Lien On Property

Upcoming NACBA Events

2016 VIRTUAL BANKRUPTCY WORKSHOP

A two (2) day overview of cutting edge consumer bankruptcy education in a virtual format presented by some of the top bankruptcy experts in the United States.

DATES: Friday, December 9, 2016 & Friday, December 16, 2016

TIMES:
Friday, December 9: 12:00 PM – 3:30 PM EASTERN and
Friday, December 16: 12:00 PM – 3:00 PM EASTERN

Schedule conflict? No worries at all.
Register by 12/8/16 and the recordings will be emailed to you upon request.


COST:
$99 NACBA Members, $199 Non Members

INCLUDES:
All Materials, Certificate of Attendance, Seminar Recordings, Live Q&A

REGISTER HERE

NACBA Webinars Web Banner (1)

Give yourself a gift and register for December’s Webinar!

Growing Your Bankruptcy Practice in 2017 and Beyond

Date: Wednesday, December 14, 2016
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 minutes)
Presenter: Richard James, CEO, Office of Richard James
Cost: No Cost to NACBA Members – Member Benefit

Register HERE

If you want to build a law firm that supports your lifestyle, instead of undermining it, then join Richard James on Wednesday, December 14th at 3 PM ET. If you want 2017 to be the year that you finally build the law firm of your dreams, then you have to be on this webinar training. Learn the key strategies that hundreds of Richard James’ clients are using to grow like never before. This is real world, in the trenches advice you can put to practice right away.

Celebrate 25 Years of NACBA!

2016 Virtual Bankruptcy Workshop Session Highlight

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Friday, December 9th

2:30 PM – 3:30 PM ET

Find a Treasure Trove of Consumer Law Violations in your Bankruptcy Treasure Chest: Fair Debt, Credit Reporting, Telephone Consumer Protection Act. Booty awaits!

Presented by: Cary Flitter, Esq.

Consumer law violations are common problems for debtors and can be filed in bankruptcy court or district court. Most provide statutory attorney fees. Philadelphia consumer lawyer Cary Flitter will help you to triage your cases.

About Our Presenter:

avatar for Cary Flitter

Cary L. Flitter

Cary L. Flitter practices consumer law with Flitter Milz, P.C. located in suburban Philadelphia and New Jersey. Cary serves on the adjunct faculty at Temple University Beasley School of Law in Philadelphia and Widener University School of Law in Wilmington, Delaware, where he teaches Consumer Law and Litigation including Fair Credit Reporting, Fair Debt Collection, and class action. He has guest lectured on consumer law issues at Harvard Law School, The University of Pennsylvania Law School, and other venues. Flitter is a contributing author to Pennsylvania Consumer Law by Bisel Publishing Co. This is the leading treatise in Pennsylvania on consumer law. He is also a contributor to Consumer Class Actions 5th Ed. by the National Consumer Law Center. Cary was invited by the Federal Trade Commission to participate in workshops on Collection of Consumer Debt. Cary’s consumer cases in the Court of Appeals include Brown v. Card Service Center, 464 F.3d 450 (3d Cir. 2006) (seminal circuit case on deception under FDCPA); Rosenau v. Unifund, 539 F.3d 218 (3d Cir. 2008) (successful challenge to phony “legal department” in dunning letter); Cappuccio v. Prime Capital, 549 F.3d 180 (3d Cir. 2011) (first impression holding that borrower’s testimony alone may be sufficient to rebut presumption of receipt of TILA disclosures); Gager v. Dell Fin. Serv., LLC, 727 F.3d 265 (3d Cir. 2013) (holding, in first impression, that consent to receive cellphone calls is revocable under Telephone Consumer Protection Act) and Douglass v. Convergent Outsourcing, 765 F.3d 299 (3d Cir. 2014) (holding, in first impression, that placing the consumer’s account number on collection envelope violates privacy provisions of FDCPA) Cary is the recipient of multiple pro bono awards for his work on behalf of low-income consumers and serves as the 2016 Co-Chair of the Federal Courts committee of the Montgomery (County, Pa.) Bar Association.

Register Today!

Bankruptcy News Briefs 12/8

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Breaking News: Second Circuit Court of Appeals Denies Request for Interlocutory Appeal in FDCPA Voice Message Case

Group of 10 Consumer Advocates File Amicus Brief in Case on Constitutionality of CFPB

2nd Cir. Rules Successful Offer of Judgment Mooted TCPA Putative Class Action

Fasten Your Seatbelts For The Case Of This Mafia-Style Consumer Litigation Operation

TCPA Case Allowed to Proceed, But Not as Class Action

FCC Denies MBA’s Petition to Exempt ‘Servicing Calls’ from TCPA

Federal Judge Determines That 18 Calls Over Two-Week Period Does Not Violate FDCPA

CFPB Projects “Prerule” Activities for the Debt Collection Rulemaking to Continue Through February 2017

Nevada Personal Injury Exemption Applies on a Per-Claim Basis

CFPB fines three reverse mortgage lenders over deceptive advertising

CFPB on Collision Course with Trump’s Justice Department

New Jersey Will Forgive Student-Loan Debt of Dead Borrowers

Federal Appellate Court Rules That Post-Acceleration Payment in Bankruptcy Constitutes Optional Redemption

Upcoming NACBA Events

2016 VIRTUAL BANKRUPTCY WORKSHOP

A two (2) day overview of cutting edge consumer bankruptcy education in a virtual format presented by some of the top bankruptcy experts in the United States.

DATES: Friday, December 9, 2016 & Friday, December 16, 2016

TIMES:
Friday, December 9: 12:00 PM – 3:30 PM EASTERN and
Friday, December 16: 12:00 PM – 3:00 PM EASTERN

Schedule conflict? No worries at all.
Register by 12/8/16 and the recordings will be emailed to you upon request.


COST:
$99 NACBA Members, $199 Non Members

INCLUDES:
All Materials, Certificate of Attendance, Seminar Recordings, Live Q&A

REGISTER HERE

NACBA Webinars Web Banner (1)

Give yourself a gift and register for December’s Webinar!

Growing Your Bankruptcy Practice in 2017 and Beyond

Date: Wednesday, December 14, 2016
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 minutes)
Presenter: Richard James, CEO, Office of Richard James
Cost: No Cost to NACBA Members – Member Benefit

Register HERE

If you want to build a law firm that supports your lifestyle, instead of undermining it, then join Richard James on Wednesday, December 14th at 3 PM ET. If you want 2017 to be the year that you finally build the law firm of your dreams, then you have to be on this webinar training. Learn the key strategies that hundreds of Richard James’ clients are using to grow like never before. This is real world, in the trenches advice you can put to practice right away.

Celebrate 25 Years of NACBA!

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

Interested in Sponsorship Opportunities at #NACBA25? Check out the Prospectus and join us in 2017!

JOIN NACBA TODAY

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