Bankruptcy News Briefs 3/21

New Executive Order Aimed at Deregulation Includes CFPB

Court Denied Debtor’s HIPAA and Negligence Action Against Hospital which filed Claim with his Personal Information

How we got to $1 trillion in debt: An illustrated history of student loans in America

U.S. House Committee Will Hold Hearing Tomorrow on CFPB’s Unconstitutional Design

Another Court Rules No FDCPA Violation For: “This settlement may have tax consequences. Please consult your tax advisor.”

U.S. Department of Justice Files Amicus Brief Against CFPB

CFPB Releases Latest RFI to Evaluate the Consumer Credit Card Market

Trump Reverse Robin Hood Budget Would Kill Bipartisan Programs that Protect Vulnerable Seniors, Veterans, Working Families

Experian Prevails in FCRA Case where Plaintiff Failed to Introduce Evidence of Actual Damages

Justice Department Calls CFPB’S Structure Unconstitutional

The Feds Just Rolled Back a Rule Protecting You From Overzealous Student Debt Collectors

Consumer claims Midland Funding, others are attempting to collect unauthorized debt

Upcoming NACBA Events


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!

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 1/5


Agency Seeking Attorney Fees in FDCPA Case Gets Mixed Result

NYDFS Issues Revised Cybersecurity Requirements for Financial Services, Effective March 1, 2017

Kansas District Court Provides No Clarity on Payment/Revival Disclosures

Nice Win for Debtors on Means Test Expense Issue

US Lenders – Missing Parenthesis Could Cost You a Bundle

It’s Not Just Actual Fraud: Intent to Hinder, Delay, or Defraud Can Be Present Even with the Best of Intentions

TransUnion, Equifax broke federal law by misrepresenting credit scores, CFPB says

Social Security checks reduced for student loan debt

Upcoming NACBA Events


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!

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


The Cutting Edge: Hot Topics and Cool Trends

Friday, December 9th

Time 12:00 PM-12:30 PM ET

Presented by: Tara Twomey, Esq.

Tara will plumb the depths of current consumer bankruptcy issues identified by NCBRC, NACBA’s amicus project including the latest on the McCoy rule, the application of judicial estoppel to unlisted claims, the dischargeability of restitution and court debt, debt for dirt (paying claims with property of the estate), vesting, and more.

More About Tara: 

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 

Bankruptcy News Briefs 11/22


6th Cir. Rejects Debt Collector’s Efforts to Distinguish Campbell-Ewald Following Offer of Judgment Success in Trial Court

CFPB Files Amicus Brief in FDCPA Case About Social Security Benefits

CFPB Requests that a Federal Appeals Court Rehear Its Constitutionality Case

CFPB Seeks Public Input on Consumers’ Access to Financial Records

Poor oversight of a student loan benefit may be hurting military borrowers, GAO says

Federal court says Ohio law firm didn’t violate Fair Debt Collection Practices Act

Black Friday: The Holiday Surge In U.S. Consumer Debt And Spending

Upcoming NACBA Events

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!


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

Bankruptcy News Briefs 7/21



Consumers Overall Credit Access Improves, but Perception of Credit Access Falters

Consumer alleges threats in debt collection attempt

 Consumer Spending Returns to Steady Pace in May

11th Cir. Holds FCRA ‘Reasonable Investigation’ May Require Assignee to Examine Account-Level Documents

CFPB Files Amicus Brief in Ninth Circuit in Remanded Article III Standing Case

State Court Application of Automatic Stay Is Res Judicata

NCLC Report: Why High-Rate Installment Lenders Want Borrowers Who Will Default

Improper Use of Contract Attorneys, Failure to Disclose Terms – This Case Has It All.

The CFPB Turns 5 Today. Here’s What It’s Done (and What It Hasn’t)



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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 on October 6th. Early Bird Rate Ends, September 2nd! Check out theSchedule and Register Today!


2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida


NACBA is your advocate! We want potential clients to have easy access to your services. One of the most simple and effective ways of giving your firm the visibility it deserves is making sure your profile is updated in the Attorney Finder. Take a moment today to ensure that your profile is up to date! You can also enhance your profile by claiming your listing for only $39 a month through Google. 

Check out This Enhanced Listing Example!  See It Here
Be sure to click on the “Look Inside” and “Watch Video”  links on their listing


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


Bankruptcy News Briefs 12/11


Amicus Briefs Support Challenges to FCC’s Expanded TCPA Rules

FTC: Creditors Should Take Note of the FDCPA

TransUnion Predicts Recovery from the Great Recession in 2016

Code Preempts State Exemption Exception

Debt Buyer Loses Round Two in FDCPA Class Action Case

FDCPA Lawsuit Tossed for Failure to Disclose Claim in Bankruptcy Petition

Register for NACBA’s Upcoming Webinars!

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Give Yourself A Gift and Register for These Upcoming Webinars in December!

Modernized Bankruptcy Forms Part 2: Live Questions & Answers
Monday, December 14, 2015
3 PM Eastern / 2 PM Central / 1 PM Mountain / 12 PM Pacific
Presented by: Norma Hammes, Esq., Carey Ebert, Esq., (United States Chapter 7 & 13 Trustee) & Walter Oney, Esq.
Must register by 12/14/15. $20 Members / $75 Non Member. More Info HERE.

Encumbered Property
Tuesday, December 15, 2015
3 PM Eastern / 2 PM Central / 1 PM Mountain / 12 PM Pacific
Presented by: Hon. Eugene R. Wedoff & Tara Twomey, Esq.
Registration is Open! $25.00 for Members $75.00 for Non Members


Catch up on your reading this weekend with “Chapter 13 Debtors Need Not Pay Late-Filed Mortgage Arrearage Claims,”by Robert V. Shaller in the latest edition of NACBA’s  2015 Consumer Bankruptcy Journal!



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Good News! You have the chance to be an Exhibitor and/or Sponsor at 2 NACBA Events!

Registration is Now Open  for Exhibitors and Sponsors for the 24th Annual NACBA Convention in San Francisco, CA May 19-22nd 2016 and/or at NACBA”s Fall Workshop, Summit at Sea, October 7th-10th 2016! Both events are perfect opportunities to network and showcase your company!Visit the  Prospectus to reserve your booth or become a sponsor today!


2016 never looked better! Mark your calendars for 2 NACBA Events you won’t want to miss! Both events will be in beautiful locations, provide informative education sessions, and is an ideal opportunity to network with your colleagues while you earn CLE! Get ready to attend:

  • The 24th Annual NACBA Convention in gorgeous San Francisco, May 19th-22nd, 2016
  • Sail the friendly seas when you register for NACBA’s Fall Workshop Summit at Sea, October 7th-10th, 2016


With so many exciting educational events and networking opportunities on the horizon in 2016 don’t end this year without renewing your NACBA Membership! Renew Today! 

Not a member of NACBA? Want to take advantage of all the benefits NACBA Members receive?  Join  NACBA Today!

Receive NACBA’s Bankruptcy News Briefs Automatically!

Subscribe to NACBA NOW Today!



Bankruptcy News Briefs 8/26


In Headlines…

Credit Card Delinquency Rates Remain Low Despite Rise in Subprime Borrowers

Student Lending Giant Could Face CFPB Lawsuit

New Call Intervention App Supported by the FTC Could Harm Legitimate Businesses and Prevent Consumers from Receiving Important Information

Reports from Borrowers and Lenders Show Differences in Credit Card, Student Loan Debt

New York Fed: Student Loan Delinquency Rates Double with Loans in Deferment and Forbearance

Eleventh Circuit Court of Appeals Confirms Validity of “Prior Express Consent” in TCPA Case

Harris Precludes Attorney Fee Payments Out of Undisbursed Funds

Countless Consumers Are Paying Off Someone Else’s Debt Because Of Default Judgments

Bankruptcy Judge Sides With Owner on Home Surrender

Events That Educate

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Register for Today’s Webinar… Free for NACBA Members!

  • Are you struggling to establish a powerful online presence for your law firm?
  • Have a website that looks nice but doesn’t bring in new business for your firm?
  • Not sure what kind of web presence you need since you get all of your business through referrals?

Then Register for the Effective (And Ethical) Online Marketing  For Law Firms  Webinar, Wednesday, August 26, 2015  at 2:00 PM EST/11:00 AM PST. You’ll learn how to establish a comprehensive online presence that will increase your exposure, enhance your credibility and foster referrals while following the Rules of Professional Conduct. It’s Free for NACBA Members!

Join Fred J. Cohen, JD the founder and CEO of Amicus Creative Media  as he provides examples of effective websites, a list of concrete strategies to follow as well as common pitfalls to avoid.

Mark Your Calendars for NACBA’s 24th Annual Convention!



Did you enjoy NACBA’s Convention in Chicago? Then you won’t want to miss the 24th AnnualNACBA Convention in San Francisco, May 19-22, 2016!  Make sure you Save the Date!

The Perks of Being a NACBA Member


What’s Your NACBA Status?

Your NACBA Membership is an investment in you! Renew your membership today!

Join  NACBA to take advantage of education opportunities , the ability to network  with your peers and comprehensive benefits!

Subscribe to NACBA Now to Receive Relevent News  Every Week


NCBRC Succeeds in Limiting Caulkett Bad News to Chapter 7

The Supreme Court’s Caulkett decision, reversing the 11th 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

Bankruptcy News Briefs 6/10

Mortgage Lender Ordered to Pay Civil Penalty

FTC Report Outlines 2014 Enforcement Actions

Firm, Owner Sued Over Medical Debt Collections

Consumers Start 2015 With More Credit Card Debt

FTC Outlines Enforcement Actions in Report to CFPB

CFPB Director Richard Cordray Increases Mortgage Lender’s Fine in Administrative Ruling

Former Corinthian Students Seek Shield From Debt Collectors

Court Rejects Bank’s “Devil Made Me Do It” Defense

Student-Loan Refinancing Boom Could Cost Taxpayers Billions

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

 Are You A Member of NACBA? Register for the Effective (And Ethical) Online Marketing For Law Firms Webinar on August 26th 2015.

Not a Member of NACBA and Want to Take Advantage of Webinars, Resources, Networking and More? Join Today!