Bankruptcy News Briefs 3/9

FDCPA Case law Review for February 2017

ACA International to File Brief in PHH Case

Court Dismissed Student Loan Debtors’ Class Action since Notes Contained Arbitration Clause and Class Action Waiver

CFPB Office of Consumer Response Reviews Changes to Complaint Database During Recent CAB Meeting

Consumers’ Credit Card Balances Contribute to Overall Decline in Borrowing

49 Call Attempts in 18 Days with No Evidence of Intent to Harass = No FDCPA Violation

Online Lender Wins Motion to Compel Arbitration and Avoids Nationwide Consumer Class Action

Doubling Down on Criticism of CFPB

Economists: Hawaii has the second-highest consumer debt in the nation

Debt, ID theft still consumer hot-buttons

Lawmakers Try Again To Close Loophole Allowing Government To Make Debt-Collection Robocalls

Fourth Circuit Hands Victory to Lenders in Chapter 13 Mortgage Case

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 17th, 2017 for savings!

Register Today for Two New NACBA Webinars in  March!

NACBA Webinars Web Banner (1)

10 Critical Numbers That Will Determine the Success or Failure of Your Law Firm
Date: Tuesday, March 14, 2017, 2:00 PM-3:00 PM ET
Presented by: Stephen Fairley, The Rainmaker Institute
Cost: No Fee – NACBA Member Benefit
Register HERE

What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Register HERE

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!

 NACBA Membership Promotion!

Renew your membership this month and be 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

Bankruptcy News Briefs 3/8

Breaking News: Trump Administration Signals Opposition to CFPB in D.C. Circuit

State Law Applicable Solely to Bankruptcy Is Not Non-Bankruptcy Law

Sterling Jewelers, Wells Fargo Scandals Show Why Forced Arbitration Must End

Debt collectors lead Colorado attorney general’s 2016 list of top consumer complaints

U.S. credit card debt shrinks in January

Consumer Borrowing Growth Drops to 5 Year Low

CFPB Monthly Report Returns its Focus to Credit Reporting and Mortgage Complaints Fall Out of the Top Three

Negative Equity Decreasing, Many Homeowners Still Underwater

Bankruptcy Court’s Mortgage Mediation Program a Success

U.S. credit card debt shrinks in January

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 17th, 2017 for savings!

Register Today for Two New NACBA Webinars in  March!

NACBA Webinars Web Banner (1)

10 Critical Numbers That Will Determine the Success or Failure of Your Law Firm
Date: Tuesday, March 14, 2017, 2:00 PM-3:00 PM ET
Presented by: Stephen Fairley, The Rainmaker Institute
Cost: No Fee – NACBA Member Benefit
Register HERE

What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Register HERE

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!

 NACBA Membership Promotion!

Renew your membership this month and be 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

Bankruptcy News Briefs 3/7

SCOTUS Poised to Decide Whether Debt Buyers Are Subject to the FDCPA

Attorneys need to understand the Fair Debt Collections Practices Act

Massachusetts joins amicus brief in Supreme Court case related to debt buyers

Motion Filed by U.S. Seeking Leave to File Amicus Brief by March 17 Signals Support for PHH

House Passes Rule That Would Require OMB Review of New CFPB Rules

Consumer debt and identity theft back on annual complaints list

Mortgage Servicer Defeats Class Certification Over Collection Practices Allegedly Targeting Discharged Mortgage Debts

Student Loan Troubles Growing Among Illinois Consumer Woes

Americans increasingly accumulate the wrong kinds of debt

Consumer alleges AFNI repeatedly called to collect discharged debt

Student loan debt bubble expands

CFPB, Dodd-Frank reforms won’t happen soon, CFPB expert says

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 17th, 2017 for savings!

Register Today for Two New NACBA Webinars in  March!

NACBA Webinars Web Banner (1)

10 Critical Numbers That Will Determine the Success or Failure of Your Law Firm
Date: Tuesday, March 14, 2017, 2:00 PM-3:00 PM ET
Presented by: Stephen Fairley, The Rainmaker Institute
Cost: No Fee – NACBA Member Benefit
Register HERE

What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Register HERE

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!

 NACBA Membership Promotion!

Renew your membership this month and be 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

NACBA25 Highlight

In an increasing number of cases, a Chapter 11 may be a better option for your client than a Chapter 13. Join Dan Press and Brett Weiss as they compare Chapter 13 and Chapter 11, talk about identifying potential issues, and offer strategies to help you discuss Chapter 11 with your client.
Your Presenters
Dan Press
avatar for Dan Press
Daniel Press practices primarily bankruptcy and intellectual property law. A magna cum laude graduate of Georgetown University Law Center, he was an editor of the Georgetown Law Journal. He received his B.A. from The Johns Hopkins University. After graduating from law school, Mr. Press served as a judicial law clerk for Judge Jaime Pieras Jr. in the U.S. District Court for the District of Puerto Rico. Mr. Press, along with Brett Weiss, are the authors of the leading book on Chapter 11 bankruptcy for individuals, entitled Chapter 11 for Individual Debtors, a Collier Monograph.

Mr. Press practices primarily in the Bankruptcy and Federal District Courts in Maryland, the District of Columbia, and the Eastern and Western Districts of Virginia, as well as other U.S. Appellate, District and Bankruptcy Courts around the country. He is a State Chair for the National Association of Consumer Bankruptcy Attorneys, a member of the Section Council of the Consumer Bankruptcy Section of the Maryland State Bar Association, and the Education Director of the Consumer Committee of the American Bankruptcy Institute. In addition to teaching Individual Chapter 11 Bankruptcy through Max Gardner’s Bankruptcy Bootcamps, he is a regular speaker on bankruptcy and related topics at seminars and programs locally and nationwide sponsored by groups such as NACBA, the Virginia Bar Association, Virginia CLE, the Maryland State Bar Association, Minnesota CLE, and the Bankruptcy Bar Association for the District of Maryland.

Brett Weiss

avatar for Brett Weiss

Brett Weiss, a senior partner at Chung & Press, LLC, has been representing people and businesses in all phases of bankruptcy for over 25 years. He has experience in com¬plex individual Chapter 7, Chapter 11 and Chapter 13 bankruptcy cases, and in Chapter 11 small business restructuring and reorganization. Mr. Weiss lectures nationally on bankruptcy issues. He has spoken before the National Conference of Bankruptcy Judges, and is a regular speaker before the National Association of Consumer Bankruptcy Attorneys, the Maryland Bankruptcy Bar Association and Maryland State Bar Association. He has testified before the Federal Bankruptcy Rules Committee and has twice testified before Congress on bankruptcy and credit issues. Brett Weiss is the co-author of “Individual Bankruptcy Under Chapter 11” for LexisNexis, and has written “Not Dead Yet: Bankruptcy After BAPCPA,” for the Maryland Bar Journal, as well as hundreds of blogs for the Bankruptcy Law Network.

Mr. Weiss has received international media attention in connection with his work. He was interviewed by Barbara Walters on The View, has appeared on the Today Show, Good Morning America, ABC News with Peter Jennings, the Montel Williams Show, NPR, AARP-TV, the BBC World Service, German state television, and numerous local radio and television programs, and been quoted in Money magazine, The Washington Post and The Baltimore Sun, among others. Brett Weiss is the Maryland State Chair for the National Association of Consumer Bankruptcy Attorneys, a founding member of the Bankruptcy Law Network, on the board of the Maryland State Bar Consumer Bankruptcy Council, and a member of the American Bankruptcy Institute, the Bankruptcy Bar Association of Maryland, and the Civil Justice Network. He has been recognized as a “Super Lawyer” every year since 2007 for Maryland and the District of Columbia, and in 2011 received the Distinguished Service Award from the National Association of Consumer Bankruptcy Attorneys for his work on behalf of consumers across the country. Mr. Weiss is admitted to practice before Maryland and District of Columbia federal and state courts, the United States Courts of Appeals for the DC and Fourth Circuit, The United States Tax Court, and the Supreme Court of the United States, and has been practicing law since 1983.

Register Today and Celebrate NACBA25! 

Participate in Consumer Protection Week, March 5th -11th!

National Consumer Protection Week  is a time when consumer protection groups and others come together to help people understand their rights, make well-informed decisions about money, and spot scams.

What Can You Do?

 Check out these tips for spreading the word, reaching local press and social media:

Reach out to your community!

  • Plan an event – Host a forum, workshop or seminar in your community and share the tools people need for today’s economy.
  • Write about it – Draft an article and send it to local organizations so they can promote consumer education through their publications.
  • Blog about it – Add a comment about NCPW to blogs you regularly read. Keep your comment brief and include a link to your NCPW event, your website for consumer tips, or consumer.ftc.gov.
  • Spread the word – Encourage your audience to tell friends, family, colleagues and neighbors about NCPW. Word of mouth is powerful!

For resources to help plan an event or spread the word, visit ncpw.gov

Need consumer education materials for your event? Order free copies at ftc.gov/bulkorder.

Bankruptcy News Briefs 3/6

nacbapicture

Debt collection, impostor scams top consumer complaints

Transunion’s Failure to Mention that “Charged off” Debt was subject to Bankruptcy proceedings could make Credit Report Misleading or Inaccurate

How changes to bankruptcy code could affect your student loans

1 in 4 Americans struggle with unpaid medical bills

Chapter 13 Debtor Beats Trustee’s Demand for her Earned Income and Child Tax Credits

Debt Collector Granted Summary Judgment In FDCPA Case

Does “Act” Mean Also a Failure to Act?

The Geography of Medical Debt

States With the Most Past-Due Medical Debt

What Do You Mean My Claim Is Capped? Ninth Circuit Ruling Further Clarifies Types Of Damages Excluded From A Landlord’s Claim In Bankruptcy

More of this year’s tax refund will pay down debt

How To Demolish Your Student Loans With Student Loan Forgiveness

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 17th, 2017 for savings!

Register Today for Two New NACBA Webinars in  March!

NACBA Webinars Web Banner (1)

10 Critical Numbers That Will Determine the Success or Failure of Your Law Firm
Date: Tuesday, March 14, 2017, 2:00 PM-3:00 PM ET
Presented by: Stephen Fairley, The Rainmaker Institute
Cost: No Fee – NACBA Member Benefit
Register HERE

What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Register HERE

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!

 NACBA Membership Promotion!

Renew your membership this month and be 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 January 2017 through July 2017. Renew Today!

NACBA AWARD NOMINATIONS

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NACBA is seeking award nominations to recognize individuals who have exemplified outstanding contributions to the consumer bankruptcy profession. NACBA frequently recognizes the contributions of its members and key allies who go above and beyond the call of duty in helping NACBA realize its goals.

Below is a description of the awards that will be presented at the Annual Convention, on May 5th, 2017 in Orlando Florida. Once you complete the Awards Nomination Form at https://goo.gl/forms/DzCnlAs2yQebtlre2, please submit it by the Friday, March 31st, 2017 deadline. 

NACBA AWARDS

The Champion of Consumer Rights

In recognition of and appreciation for extraordinary service in protecting American Consumers and, in particular, the recipient’s critical role in preserving the rights of consumer debtors in need of bankruptcy relief.

The Distinguished Service Award

In recognition of and appreciation for extraordinary contributions to the National Association of Consumer Bankruptcy Attorneys and the recipient’s many years of invaluable service to our organization.

The Hammes-Shulman Award

In recognition of the leadership and commitment demonstrated by Norma Hammes and Ike Shulman, the Hammes-Shulman honor significant legislative and advocacy contributions made by a NACBA member.

The K. Colleen Nunnelly Award

In October 2011, NACBA lost a wonderful colleague and long-term NACBA Member, K. Colleen Nunnelly. Ever a strong supporter of NACBA’s mission, always a positive voice within NACBA and an outstanding State Chair, Colleen will be greatly missed. In recognition of her contributions to NACBA, we have created the K. Colleen Nunnelly Award to honor a NACBA member whose collegiality and support for NACBA’s mission embodies Colleen’s spirit, quiet leadership, enthusiasm, and positive contributions to NACBA.

Thank you to all our NACBA Members for their outstanding dedication and commitment to the bankruptcy profession!

We hope to celebrate 25 years of NACBA with you at the Annual Convention!

Past award recipients can be viewed: https://www.nacba.org/events/annual-awards/

Bankruptcy News Briefs 3/2

nacbapicture

DC Court Rules CFPB Structure Unconstitutional

Complaints against Wells Fargo, other banks rise on CFPB log targeted by Congress

ACA Releases New White Paper Disputing the Consumer Financial Protection Bureau’s Survey Report on Consumer Experiences with Debt Collection

Debt Collectors Sued for Not Assessing Interest . . . Seriously?!?

Freddie Mac Hits 10-year Low Delinquency Rate

Vote on GOP Dodd-Frank reform bill likely delayed until summer

Student loan provider Navient intends to defend against suits brought by US, Illinois, Washington

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 17th, 2017 for savings!

Register Today for Two New NACBA Webinars in  March!

NACBA Webinars Web Banner (1)

10 Critical Numbers That Will Determine the Success or Failure of Your Law Firm
Date: Tuesday, March 14, 2017, 2:00 PM-3:00 PM ET
Presented by: Stephen Fairley, The Rainmaker Institute
Cost: No Fee – NACBA Member Benefit
Register HERE

What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Register HERE

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!

 NACBA Membership Promotion!

Renew your membership this month and be 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 January 2017 through July 2017. Renew Today!

New NACBA Webinar! Register Today!

 

what-to-do-post-hamp-for-mortgage-borrower-clients-4

Join us Marc Dann & Bobby Rivera for “What to do: Post HAMP for Mortgage Borrower Clients.”

Thursday, March 16th 2017

The Federal Hamp Program has come to an end, but  most mortgage loan borrowers in default will be eligible for modifications to help them stay in their home. Furthermore, once a loan modification is accepted by a Mortgage Loan Servicer strict new RESPA regulations are in place to make sure that a servicer completes the review fairly and quickly while staying foreclosure activity.

Bobby Rivera, a nationally recognized expert in loan modifications will provided a brief overview to help lawyers understanding the importance of identifying investor, trends on proprietary programs and income calculations for modification and Marc Dann, who’s firm has prosecuted more than 100 cases under Regulation X to RESPA will talk about how to use the regulations to get the information you need to obtain critical information to oppose relief from stay, prosecute claim objections and to hold servicers feet to the fire by bringing Adversaries and Lawsuits which provide for fee shifting under Regulation X to RESPA.

Register Today!

Cost is 25 for Members/$75 for Non Members

 

#NACBA25 Highlight

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Attorneys representing debtors and creditors in consumer cases appear in bankruptcy court on a regular basis. The appearances are often routine and non-evidentiary. Other times, however, the court will expect proof in the form of evidence. It is in these evidentiary hearings that attorneys must have a working knowledge of the basics of evidence. In this program, Chief Judge Williamson will cover what you need to know to have your testimonial and documentary evidence successfully received by the court and made part of the record of your case.

Your Presenter
Chief Judge Michael Williamson
 avatar for Chief Judge Michael Williamson
Judge Michael G. Williamson is chief judge of the United States Bankruptcy Court for the Middle District of Florida — one of the largest districts in the United States with courthouses in Jacksonville, Orlando, Tampa, and Ft. Myers and approximately 40,000 pending cases. He also currently serves as an Adjunct Professor at Stetson University College of Law teaching Bankruptcy Law and as Co-Author of West’s Bankruptcy Law Manual.
Judge Williamson graduated from Duke University in 1973 and from Georgetown University Law Center in 1976. He began his bankruptcy practice serving as a Chapter 7 panel trustee from 1977 to 1979. Thereafter, in the following 20 years, he represented numerous Chapter 11 corporate debtors, creditors’ committees, and trustees in bankruptcy cases pending throughout the state of Florida.
Judge Williamson is past chair of the Committee on Creditors’ Rights, Section of Litigation, American Bar Association; past chair of the Business Law Section of The Florida Bar and that section’s Bankruptcy/UCC Committee; and a Fellow of the American College of Bankruptcy.

Your Moderator

Chuck Moore

avatar for Chuck Moore

Charles G. Moore “Chuck” is a 1987 graduate of The University of Florida where he earned a Bachelor of Science Degree in Business Administration. In 1990 Chuck graduated from Stetson University College of Law with a Juris Doctorate Degree. Soon after graduating from Law School he accepted a position as a Criminal Prosecuting Attorney with the Sixth Judicial Circuit of the State of Florida where he gained extensive litigation experience. Chuck’s practice is now limited to the representation of consumer debtors in Chapter 7 and Chapter 13 bankruptcies. Being actively engaged in the practice of law in excess of 25 years, Chuck has handled more than 2,300 bankruptcy petitions. He is an active member of the American Bankruptcy Institute, The National Association of Consumer Bankruptcy Attorneys, The Tampa Bay Bankruptcy Bar Association and the National Association of Chapter Thirteen Trustees. Chuck has served as the Florida State Chair for the National Association of Consumer Bankruptcy Attorneys in the Middle and Northern Districts of Florida since 2012. He also regularly performs numerous hours of continuing legal education, all of which are specifically limited to current issues facing Consumer Bankruptcy Debtors. Chuck represents clients in the Tampa Bay area including St. Petersburg, Clearwater, Largo, South Pasadena, St. Pete Beach, Gulfport, Seminole, Pinellas Park, Kenneth City, Treasure Island, Tampa, Sarasota and Bradenton.