Bankruptcy News Briefs 6/18

USING EVERNOTE: THE HOLY GRAIL OF PRODUCTIVITY & ORGANIZATION
(LIVE) June 30, 2015, 1:00 PM Eastern / 10:00 AM Pacific
Length: 1 hour
No Cost for NACBA Members
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For millions of people, Evernote is the go-to app for organizing just about everything.

In fact, Evernote can easily take the place of your hand-scrawled notes, piles of business cards, email archive, and news clipping files. And it’s all available to you 24/7/365 on your desktop, iOS or Android device, and on the web.

How can you get started, and how can it help you in your practice? Join consumer bankruptcy lawyer and legal marketing expert Jay Fleischman as he shows you all the tips and tricks to making Evernote you most valuable productivity sidekick.

Featured Presenter: Jay S Fleischman Esq.

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NCBRC Succeeds in Limiting Caulkett Bad News to Chapter 7

The Supreme Court’s Caulkett decision, reversing the 11^th Circuit’s ruling that chapter 7 debtors could strip off totally underwater mortgages, was disappointing, if not totally unexpected. As amicus, NCBRC had considered the risk that an unfavorable, overly broad opinion in this case could negatively impact lien-stripping in chapter 13 and, in addition to arguing for affirmance, specifically sought to limit any holding to chapter 7 cases and to preserve the right to strip liens in chapter 13. This effort was successful. In fact, Justice Thomas’s remarks reinforce the continued validity of the widely accepted interpretation of Nobelman in chapter 13. This case should have no effect at all on lien-stripping in chapter 13.

Caulkett simply reaffirms the holding in Dewsnup which applies only in chapter 7 cases. The opinion made this clear in several ways. First, the court distinguished Nobelman, stating that Nobelman “addressed the interaction between the meaning of the term “secured claim” in § 506(a) and an entirely separate provision, §1322(b)(2).” (emphasis supplied) Second, while stating that it is may be inadvisable to adopt a line-drawing test where a difference of $1 could have an arbitrary impact, the court nonetheless found that such tests are appropriate where Congress has drawn the line, as the court had found it had done in Nobelman. Third, the conclusion of the opinion states “a debtor in a Chapter 7 bankruptcy proceeding may not void a junior mortgage lien under §506(d) when the debt owed on a senior mortgage lien exceeds the current value of the collateral.”

The NCBRC amicus brief was the only one to focus on limiting any decision to chapter 7. This is another example of the importance of NCBRC’s work, which can only continue with your support. Please donate at www.ncbrc.org

New NACBA State Chair Announced For Eastern Pennsylvania

Philadelphia Attorney Stephen Dunne Tackles New Role Leading Education Program for National Association of Consumer Bankruptcy Attorneys

The National Association of Consumer Bankruptcy Attorneys (NACBA) announced that Philadelphia bankruptcy attorney Stephen M. Dunne of Dunne Law Offices will serve as its new state chair representing Eastern Pennsylvania.

As NACBA chair of Eastern Pennsylvania, Dunne will serve as the official liaison between the group’s leadership in Washington, D.C. and its member attorneys, bankruptcy judges and other court officials in the state, as well as serving as a primary contact for local media regarding consumer bankruptcy issues.

Serving approximately 3,500 members in all 50 states and Puerto Rico, NACBA is the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy.

Stephen Dunne said: “It is an honor and a privilege to be nominated to serve as the Eastern Pennsylvania State Chair of the National Association of Consumer Bankruptcy Attorneys. NACBA works tirelessly to ensure the voices of consumer debtors and their attorneys are heard in the halls of Congress. I am grateful for the opportunity to serve as State Chair and I look forward to protecting and enhancing the rights of consumer bankruptcy debtors.”

NACBA Executive Director Dan LaBert said: “Our leadership team is dedicated to continuing our mission in Pennsylvania to help to protect the rights of families in financial distress at a grassroots level. Our national membership is supported by a strong network of state chairs appointees. Stephen is a longstanding NACBA member and will make an excellent state chair in Eastern Pennsylvania. We look forward to working closely with him to represent bankruptcy attorneys and their important policy objectives across a wide range of issues.”

Dunne was named “Pennsylvania Super Lawyer” by Philadelphia Magazine. His legal analysis has been featured on Fox News, The Philadelphia Inquirer, Philadelphia Daily News and The Nation.

As an undergraduate at Penn State University, Dunne served as an infantry soldier in the Pennsylvania National Guard and as a cadet in the R.O.T.C. Later, he attend the New England School of Law in Boston, interned at the Boston Stock Exchange and clerked for McGarthy & Ged. Through these experiences early in his legal career, Dunne developed an interest in helping people find financial relief through legal action.

Bankruptcy News Briefs 6/12

Taking On Student Debt, and Refusing to Pay

Bankruptcy abuse act, a decade later

Wells Fargo Wants Los Angeles Lawsuit Tossed

Department of Education Offers Debt Relief to Former Corinthian Students

NII restructuring helps all creditors, even objectors – adviser

Access Playback NACBA to Listen to the Session from the 23rd Annual Convention

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Bankruptcy News Briefs 6/11

CFPB Issues Final Rule for Nonbank Auto Finance Companies

National Study Shows Long-Term Decline in Consumers’ Trouble With Medical Bills

Elizabeth Warren Calls Out Education Department Over Student Loans

FTC Testifies to Congress About Fighting Robocalls

Credit Card Accounts and Spending Continue to Grow

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2015 Supreme Court Bankruptcy Decisions & What They Mean for Your Practice

2015 SUPREME COURT BANKRUPTCY DECISIONS & WHAT THEY MEAN FOR YOUR PRACTICE
(LIVE) June 24, 2015, 3:00 PM Eastern / 12:00 PM Pacific
Length: 2 hours
Price: $49 member/ $125 non-member
REGISTER HERE

Over the past month, the Supreme Court has issued four bankruptcy related decisions with one more case still pending. Join us for an in depth discussion of these cases, and what they mean for your practice.

The presentation will cover:

Wellness Int’l Network, Ltd. v. Sharif
Bullard v. Hyde Park Savings Bank
Harris v. Veigelahn
Caulkett v. Bank of America, N.A.,
Baker Botts, LLP v. ASARCO, LCC (assuming Baker Botts is decided).

Featured Presenters: Henry J Sommer Esq., Tara Twomey Esq., Cathleen Moran Esq.

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