Bankruptcy News Briefs 8/10

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Over the Hump Headlines…

Illinois Governor Bruce Rauner Nixes Bill Connected to His Former Business Life in Debt Collection

Ninth Circuit Court of Appeals Rules – Failure to Specifically State “This Communication is From a Debt Collector” is Not FDCPA Violation

Location, Location, Location – A Brief Overview of Personal Jurisdiction, Forum Selection Clauses, and Why They Matter

Creditors Beware-Automatic Stay Violations Can Lead to Massive Punitive Damages

CFPB Issues 2016 Annual Plain Writing Act Compliance Report

What You Need To Know Now About The CFPB’s Debt Collection Proposal

Slideshow 10 worst states for student loan debt

Foreclosures Drop Sharply from Last Year

UPCOMING WEBINARS

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How To Build a Thriving Bankruptcy Practice In A Down Market
DATE: Thursday, August 11, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTER: Mr. Richard James
REGISTER HERE

CFPB Proposed Rule on Payday & Car Title Lending
DATE: Thursday, August 18, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTERS:
Ms. Ellen Harnick, Senior Policy Counsel & Western States Director, CRL
Ms. Lisa Stifler, Deputy Director of State Policy, CRL
REGISTER HERE

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

CONSUMER BANKRUPTCY JOURNAL HIGHLIGHT

Creative lawerying may be needed for those who are facing privates student loan lawsuits that are becoming common as student loan debt climbing to astounding figures . Read, “In Spate of Private Student Loan Lawsuits, One Defense Stands Out,” by Richard Gaudreau in NACBA’s Consumer Bankruptcy Journal as he discusses what you can do for your clients.

MARK YOUR CALENDARS

Free Registration to NACBA’s 2016 Fall Workshop Members-Only Cruise (Miami, FL – Nassau, Bahamas)

October 6-10, 2016

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Visit the NACBA Facebook page and enter to Win a Free Registration to the Fall Workshop Members Only CruiseJust LIKE the Post & SHARE on your page for a chance of winning one (1) FREE Registration (total value $594) to NACBA’s 2016 Fall Workshop Members Only Cruise (Miami, FL – Nassau, Bahamas), October 6-10, 2016. This prize package includes registration to the Pre-Cruise Tax Session.

Contest Expires August 26th, 2016 Winner Announced August 29th, 2016 . Non-Transferable. One (1) winner selected. Current Membership in NACBA Required. Good luck!

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

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 8/9

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Today’s Bankruptcy News Briefs…

Eighth Circuit Lets the Fox in the Henhouse

Illinois Governor Vetoes Private Debt Collection Bill

Consumer Borrowing Slows in June

CFPB Amends Servicer Rules

CFPB Considering Debt Collection Reform Proposals

CFPB Issues Final Mortgage Servicing Rules

Rogue debt collectors: Our view

The Real Student Loan Crisis: Debt-Fueled Tuition Inflation

Legislators Take Aim at New Jersey Student Loan Program’s Tough Tactics

UPCOMING WEBINARS

NACBA Webinars Web Banner (1)

How To Build a Thriving Bankruptcy Practice In A Down Market
DATE: Thursday, August 11, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTER: Mr. Richard James
REGISTER HERE

CFPB Proposed Rule on Payday & Car Title Lending
DATE: Thursday, August 18, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTERS:
Ms. Ellen Harnick, Senior Policy Counsel & Western States Director, CRL
Ms. Lisa Stifler, Deputy Director of State Policy, CRL
REGISTER HERE

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

CONSUMER BANKRUPTCY JOURNAL HIGHLIGHT

Take a moment to read the in depth, “NCBRC Report,” in today’s Consumer Bankruptcy Journal Spotlight. Read the Cases in Review such as; Chapter 7 Reaffirmation of Debt, Proof of Claim-Secured Claim-Post Petition Charges, Property of the Estate-Avoidance of lien impairing exemption, and more.

MARK YOUR CALENDARS

Free Registration to NACBA’s 2016 Fall Workshop Members-Only Cruise (Miami, FL – Nassau, Bahamas)

October 6-10, 2016

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Visit the NACBA Facebook page and enter to Win a Free Registration to the Fall Workshop Members Only CruiseJust LIKE the Post & SHARE on your page for a chance of winning one (1) FREE Registration (total value $594) to NACBA’s 2016 Fall Workshop Members Only Cruise (Miami, FL – Nassau, Bahamas), October 6-10, 2016. This prize package includes registration to the Pre-Cruise Tax Session.

Contest Expires August 26th, 2016 Winner Announced August 29th, 2016 . Non-Transferable. One (1) winner selected. Current Membership in NACBA Required. Good luck!

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

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

#NACBASEA Spotlight With Henry Sommer and Tara Twomey

#NACBASEA has a stellar schedule lined up for it’s Fall Workshop at Sea! The sessions kick off bright and early on Saturday October 8, 2016 7:00 am – 8:30 am! Grab your coffee and breakfast before you attend:

Sailing the Supreme Court Seas: The Top Supreme Court Consumer Bankruptcy Court Decisions

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. The panel will navigate the Court’s decisions on important consumer bankruptcy issues, including, exemptions, dischargeability, claims, discrimination, chapter 13 plans, lien stripping, and more.
Presenters:

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Henry Sommer

Supervising Attorney
Philadelphia, PA

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.

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Tara Twomey

National Association of Consumer Bankruptcy Attorneys
Amicus Director
Carmel, CA

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.

Register Today for #NACBASEA and Receive the Early Bird Rate!

Bankruptcy News Briefs 8/8

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What Headlines Kicking Off A New Week?

Survey: Majority of Millennials Say they Won’t Reach Target Retirement Savings

Total Bankruptcy Filings Decline in July

CFPB Debt Collection Plan Doesn’t Spare Banks

Ninth Circuit Rules Every Debt Collector Must Send Verification Notice

Mortgage Delinquency Climbs Higher in Q2

UPCOMING WEBINARS

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How To Build a Thriving Bankruptcy Practice In A Down Market
DATE: Thursday, August 11, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTER: Mr. Richard James
REGISTER HERE

CFPB Proposed Rule on Payday & Car Title Lending
DATE: Thursday, August 18, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTERS:
Ms. Ellen Harnick, Senior Policy Counsel & Western States Director, CRL
Ms. Lisa Stifler, Deputy Director of State Policy, CRL
REGISTER HERE

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

CONSUMER BANKRUPTCY JOURNAL HIGHLIGHT

Are you committed to learning? Are you a member of an organization that cares about your continual personal and professional growth? Read, USMC General Anthony C. Zinni’s article on, “A Life of Learning ,” in today’s Consumer Bankruptcy Journal Spotlight and find out why lifelong learning matters!

MARK YOUR CALENDARS

Register Now for the Early Bird Rate!

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Join us to set sail for NACBA’s Summit at Sea (#NACBASEA) setting sail from October 7th-10th with a a Pre-Cruise event  and a Launch Party on October 6th. Get great savings by taking advantage of the Early Bird Rate ending, September 2nd! Check out the Schedule 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

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Free NACBA Webinar For Members! Register Today!

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Register Today for:

CFPB Proposed Rule on Payday & Car Title Lending
Thursday, August 18, 2016 – 3:00 PM EST / 12:00 PM PST

Free to NACBA Members

PRESENTERS:
Ms. Ellen Harnick, Senior Policy Counsel & Western States Director, CRL
Ms. Lisa Stifler, Deputy Director of State Policy, CRL

Payday lenders purposefully ensnare people in debt they can’t escape. Payday and car title lenders drain more than $8 billion in fees annually. They collect 75 percent of their fees from people stuck in more than 10 loans a year by charging 300 percent APR. It’s a debt trap. Payday loan borrowers are more likely to fall behind on other bills and to file for bankruptcy.

In June, the CFPB proposed new rules to address the payday car title lending debt trap. Learn from experts at the Center for Responsible Lending about the payday loan debt trap, the proposed regulations, and how you can take action to strengthen the proposed rule.

REGISTER: HERE

Bankruptcy News Briefs 8/5

nacbapictureIn Today’s News…

New York Region’s Consumer Distress Remains Below National Average

CFPB Wants to Add Consumer Survey to Complaint Closing Process

FDCPA Case Law Review for July 2016

Credit Card Market Grows in First Quarter

Courts Continue to Look for “Actual Harm” in TCPA Cases

Singletary: New CFPB rules might limit access to credit

Cheat Sheet: How CFPB Is Changing Mortgage Servicing (Again)

PHH Corp. v. CFPB: Six Issues to Watch

Federal Reserve of St. Louis Issues Debt Report

NCLC Statement re: CFPB Final Mortgage Servicing Rules

Consumers Want Action On Illegal Debt Collection

Losing Both Ways: Debtor Diligence in the Identification of Claims

UPCOMING WEBINARS

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How To Build a Thriving Bankruptcy Practice In A Down Market
DATE: Thursday, August 11, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTER: Mr. Richard James
REGISTER HERE

CFPB Proposed Rule on Payday & Car Title Lending
DATE: Thursday, August 18, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTERS:
Ms. Ellen Harnick, Senior Policy Counsel & Western States Director, CRL
Ms. Lisa Stifler, Deputy Director of State Policy, CRL
REGISTER HERE

CONSUMER BANKRUPTCY JOURNAL HIGHLIGHT

#NACBASF was a convention to remember! Grace Pazdan shares her thoughts in her article, “The NACBA Convention Experience,” in today’s Consumer Bankruptcy Journal Spotlight.

MARK YOUR CALENDARS

Register Now for the Early Bird Rate!

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Join us to set sail for NACBA’s Summit at Sea (#NACBASEA) setting sail from October 7th-10thwith a a Pre-Cruise event  and a Launch Party on October 6th. Get great savings by taking advantage of the Early Bird Rate ending, September 2nd! Check out the ScheduleandRegisterToday!

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

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 8/3

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Midweek Headlines…

The CFPB Ombudsman’s Office released its mid-year update in July, focusing on individual inquiries to the Ombudsman, related to CFPB proposed rules, the consumer complaint database, and other outreach initiatives…CFPB Ombudsman’s Office Releases Mid-year Update

Consumer spending increased 0.4 percent, or by $53 billion, in June, according to estimates from the Bureau of Economic Analysis and U.S. Department of Commerce…Consumer Spending Increases in June

A mortgage creditor violated the automatic stay by mistakenly filing a claim to which it had no rights and by failing to immediately return payments on that claim it had received by the trustee. In re Mocella, No. 10-42287 (Bankr. N.D. Ohio June 15, 2016)…Incompetence Does Not Excuse Stay Violation

Experian, today released Contact Monitor to help businesses reduce wrong-party contact that supports compliance with the TCPA…Experian’s Contact Monitor Strengthens Business Insight on Customer Contact Info

The CFPB  outlines four principles to guide its discussions on the future of loss mitigation as the U.S. Treasury’s crisis-era Home Affordable Modification Program is phased out at the end of 2016…CFPB Issues Principles for Future of Loss Mitigation

Student debt may be contributing to wealth inequality…New York Fed warns of troubling consequence of rising student loan debt

Second Circuit Raises a Caution Flag for Sales Free-and-Clear of Claims

Attorney “Meaningful Involvement” Case Sent Back to District Court

UPCOMING WEBINARS

NACBA Webinars Web Banner (1)

How To Build a Thriving Bankruptcy Practice In A Down Market
DATE: Thursday, August 11, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTER: Mr. Richard James
REGISTER HERE

CFPB Proposed Rule on Payday & Car Title Lending
DATE: Thursday, August 18, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTERS:
Ms. Ellen Harnick, Senior Policy Counsel & Western States Director, CRL
Ms. Lisa Stifler, Deputy Director of State Policy, CRL
REGISTER HERE

CONSUMER BANKRUPTCY JOURNAL HIGHLIGHT

Today’s #CBJ spotlight comes from Morgan D. King’s article, “Sales Tax Discharge Issues in Bankruptcy. ” Go to King’s Korner to read more!

MARK YOUR CALENDARS

Register Now for the Early Bird Rate!

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Join us to set sail for NACBA’s Summit at Sea (#NACBASEA) setting sail from October 7th-10thwith a a Pre-Cruise event  and a Launch Party on October 6th. Get great savings by taking advantage of the Early Bird Rate ending, September 2nd! Check out the ScheduleandRegisterToday!

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

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

New NACBA Webinar Alert! Register Today!

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How To Build a Thriving Bankruptcy Practice In A Down Market
DATE: Thursday, August 11, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTER: Mr. Richard James
REGISTER HERE

Why are some bankruptcy attorneys thriving in this market while others are struggling? What is the difference?

After working with thousands of attorneys Richard Jones tells us that it comes down to 3 Key Systems and that’s what separates those thriving from those struggling.

On August 11th at 3 pm Eastern, during this 60 minute training you will learn 3 key strategies and hear how your fellow attorneys have put them into practice in their firms. Specifically:

  • What are the 3 key systems present in every growing bankruptcy practice?
  • How to forever solve the number one complaint to bar associations – client
    communication.
  • How to build a firm that supports your lifestyle rather than undermining

Register Today!

/Bankruptcy News Briefs 8/2

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Read the Headlines Here…

A share of households in the U.S. have total debt that exceeds their assets, known as “negative wealth,” according to survey findings from the Federal Reserve Bank of New York. In Survey: Debt Exceeds Assets for Some Households in the U.S.

The CFPB intends to give consumers the option to provide feedback on the company’s response to and handling of their complaints. In CFPB’s Consumer Response Proposes New Consumer Feedback Survey

Last week the CFPB released its 117-page Outline of Proposed Rules for debt collection read the breakdown of these proposals...insideARM Perspective on CFPB Outline of Proposed Debt Collection Rules – Communication Part 2

More than 70 million Americans have some type of debt in collections. Read why…Some Debt Collections Just Aren’t Worth It

The failure to repay student loans is becoming a modern day standoff.. Read how many American are ignoring the calls, email, and letters in…Student-Loan Defaulters in a Standoff With Federal Government

UPCOMING WEBINARS

NACBA Webinars Web Banner (1)

How To Build a Thriving Bankruptcy Practice In A Down Market
DATE: Thursday, August 11, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTER: Mr. Richard James
REGISTER HERE

CFPB Proposed Rule on Payday & Car Title Lending
DATE: Thursday, August 18, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTERS:
Ms. Ellen Harnick, Senior Policy Counsel & Western States Director, CRL
Ms. Lisa Stifler, Deputy Director of State Policy, CRL
REGISTER HERE

CONSUMER BANKRUPTCY JOURNAL HIGHLIGHT

Stay updated on the changes occurring in your field, read New Bankruptcy Rule, Amendments to Chapter 13 Plan Proposed,” by Diane Davis featured in today’s #CBJ spotlight.

MARK YOUR CALENDARS

Register Now for the Early Bird Rate!

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Join us to set sail for NACBA’s Summit at Sea (#NACBASEA) setting sail from October 7th-10thwith a a Pre-Cruise event  and a Launch Party on October 6th. Get great savings by taking advantage of the Early Bird Rate ending, September 2nd! Check out the ScheduleandRegisterToday!

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

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 8/1

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New Month New Headlines…

CFPB Previews Debt Collection Rule in SBREFA Outline

Debt-collection proposals: Fewer calls, easier to dispute

There’s one reason a big chunk of Americans have ‘negative wealth’

CFPB will update Know Before You Owe rule

Wells Fargo Bank Settles TCPA Lawsuit

CONSUMER BANKRUPTCY JOURNAL HIGHLIGHT

Are you looking for ways to grow your law firm? Then you’ll want to read “4 Keys to Breaking the 7 Figure Barrier,” by Stephen Fairley with the Rainmaker Institute. Learn the specific strategies and compelling keys that will help you cross that barrier and make your firm a success!

MARK YOUR CALENDARS

Register Now for the Early Bird Rate!

aSail-Away-1024x551 (1)

Join us to set sail for NACBA’s Summit at Sea (#NACBASEA) setting sail from October 7th-10thwith a a Pre-Cruise event  and a Launch Party on October 6th. Get great savings by taking advantage of the Early Bird Rate ending, September 2nd! Check out the Schedule andRegisterToday!

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

Not a member of NACBA?