attorney

Bankruptcy News Briefs 10/6

Headlines Leading Into the Weekend…

Consumer Watchdog Curbs Unaffordable 300% Payday Loans

Court Awards NACBA Member $119, 952.24 in Fees and Expenses in Defending Against Portfolio Recovery Associates’ Appeal of Order Sanctioning It

Early analysis – Credit unions see numerous improvements in CFPB final short-term, small-dollar rule

PA attorney general says ‘deceptive’ Navient took $4 billion out of student loan holders’ pockets

GOP polling firm: Bipartisan support for consumer bureau arbitration rule

Another lesson from Equifax – We must end the predatory consumer practice of forced arbitration

Robert Samuelson: The resilient American consumer

Bankruptcy filings trend lower through three quarters of 2017

Appeal Pending in Bankruptcy Case Regarding Tuition Payments

Judge Orders Bank of America to Redo Settlement in Mortgage Dispute

IRS Gives Equifax Multimillion-Dollar Deal Despite Massive Data Breach

NACBA’s 2017 Hill Day!

NACBA is excited for 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

NACBA’s October Webinar Lineup!

Top 10 Ways to Drastically Increase Lead Conversion

Date: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
Presented By: Stephen Fairley, Founder & CEO of The Rainmaker Institute
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

NACBA Membership Promotion! 

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 10/5

Check Out Headlines in Thursday’s Bankruptcy News Briefs…

Federal Student Loan Default Rates See Slight Uptick

U.S. Chamber of Commerce and Other Finance Industry Groups File Lawsuit to Overturn CFPB’s Arbitration Rule

Three Commonly Overlooked Causes of Bankruptcy in the US

Court: Validation Notice Sent Via Email Requiring Consumer to Click a Link to Open a “Secure Package” Is Not “Sending” a Validation Notice Under FDCPA

Judge Rules Unintentional Violation of Policies and Procedures Permits Debt Collector to invoke ‘Bona Fide Error’ Defense

Debtor in Her Fifties who Never Searched for Jobs Unrelated to her Master’s Degree, and who Never Applied for Income-Based Repayment Plans, Failed All 3 Prongs of Brunner Student Loan Dischargeability Test

Reform of the CFPB Through the Financial Choice Act

Post-Recession Borrowers Struggle to Repay Loans

CFPB issues interim final rule on mortgage servicer communication

Dear Debtor, Three Strikes And You’re Outta Here!

Ninth Circuit Reverses Course On Measure Of Collateral Value In Cramdown Confirmation Of Chapter 11 Plan

Maine Bankruptcy Judge Rules That § 362(c)(3)(A) Automatically Terminates Automatic Stay

Equifax Calls for Free Credit Locks. Experian’s Reply? Nope.

Advocates Seek Congressional Action on Credit Data Protection

Rising Household Debt: What It Means For Growth And Stability

NACBA’s 2017 Hill Day!

NACBA is excited for 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

NACBA’s October Webinar Lineup!

Today’s Webinar!

Date: Thursday, October 5th, 3:00 PM – 4:00 PM Eastern
Presented By: Dan LaBert, NACBA Executive Director
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

Top 10 Ways to Drastically Increase Lead Conversion

Date: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
Presented By: Stephen Fairley, Founder & CEO of The Rainmaker Institute
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

NACBA Membership Promotion! 

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

 

Bankruptcy News Briefs 10/4

Midweek Headlines…

Pennsylvania Attorney General Seeks to Halt ‘Rollback of Critical Student Loan Protections’

Judicial Lien Need Not Be Enforceable To Be Avoidable

The ‘Let Them Eat Cake’ Party-The Senate GOP would send yet another tone-deaf message if it guts CFPB’s voluntary arbitration rule.

Judge says no to new trial for Houston debt buyer after $25 million verdict

Debt settlement vs. filing for bankruptcy: Pros and cons

U.S. economic growth expected to continue, Baird investment pro says

No U.S. Bailout for Puerto Rican Debt, Trump’s Budget Chief Says

The high cost of student loan debt

Unraveling the Equifax Data Breach

How the Bankruptcy System Is Failing Black Americans

Total New Hampshire bankruptcies fall in September

Senate Acts to Ease Pressure on Bankruptcy Courts and Increase Bankruptcy Fees

September 2017: Bankruptcy & Restructuring Litigation Update

NACBA’s 2017 Hill Day!

NACBA is excited for 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

 

NACBA’s October Webinar Lineup!

 

The Listserv is Dead! Long Live the Listserv!

Date: Thursday, October 5th, 3:00 PM – 4:00 PM Eastern
Presented By: Dan LaBert, NACBA Executive Director
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

Top 10 Ways to Drastically Increase Lead Conversion

Date: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
Presented By: Stephen Fairley, Founder & CEO of The Rainmaker Institute
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

NACBA Membership Promotion! 

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 10/3

Dive Into Tuesday’s Headlines…

In Connecticut, 29 Call Attempts in 24 days May Be FDCPA Violation

Consumer Litigation Filings Reverse Course from July

New York Court Rules Settlement Offer in First Letter Not a FDCPA Violation

National Law Firm Ordered to Refund Attorneys’ Fees to Prospective Debtors, Where Local Counsel Drafted a Petition but Never Filed it and Ignored the Debtors

Eleventh Circuit Holds That Voicemails Are “Communications” and Clarifies “Meaningful Disclosure” under the FDCPA

2.5 Million More People Potentially Exposed in Equifax Breach

Equifax Is Taking Over From Wells Fargo as the Financial Industry’s Villain

Most States Still Don’t Have Comprehensive Balance Billing Legislation

First Equifax, now government: CFPB putting your data at risk

The Top 5 Mistakes People Make When Paying Off Debt

NACBA’s 2017 Hill Day!

NACBA is excited for 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

NACBA Membership Promotion! 

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

NACBA’s October Webinar Lineup!

The One Secret You Must Know To Triple Your New Bankruptcy Leads From Your Existing Advertising

Date: Tuesday, October 3rd, 2:00 PM – 3:00 PM Eastern
Presented By: Richard James, Automated Business Results
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

The Listserv is Dead! Long Live the Listserv!

Date: Thursday, October 5th, 3:00 PM – 4:00 PM Eastern
Presented By: Dan LaBert, NACBA Executive Director
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

Top 10 Ways to Drastically Increase Lead Conversion

Date: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
Presented By: Stephen Fairley, Founder & CEO of The Rainmaker Institute
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 10/2

Check Out the Headlines Kicking Off October…

Disallowance for Procedural Reasons Does Not Support Voidance of Lien

National Consumer Law Center Joins Legal Fight for Student Borrower Protections against Predatory Schools

Office of Inspector General: CFPB Can Improve Certain Guidance for Civil Investigative Demands

U.S. Chamber of Commerce suing to block rule allowing consumers to sue their banks

FDCPA Case Challenges Use of Trade Name Abbreviation

Disallowance of the Post-petition Attorney Fees under FRBP 3002.1 did Not Modify Servicer’s Rights in violation of § 1322(b)(2)

Party that did Not Participate in underlying Bankruptcy Had No Standing to Reopen the Case

Credit Union Could Not Bootstrap Terms into Reaffirmation Agreement through inconspicuous Additions to the Statutory Disclosures

Since Debtor’s Liability to IRS for Fraudulent Transfer was not a Tax, it was Not a Priority Debt

Couple in 40s Use Bankruptcy to Partly Wipe Out Student Debt

Quarterly Chapter 11 Fees Paid First in Chapter 7 Distributions

NACBA’s 2017 Hill Day!

NACBA is excited for 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

NACBA Membership Promotion! 

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

NACBA’s October Webinar Lineup!

The One Secret You Must Know To Triple Your New Bankruptcy Leads From Your Existing Advertising

Date: Tuesday, October 3rd, 2:00 PM – 3:00 PM Eastern
Presented By: Richard James, Automated Business Results
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

The Listserv is Dead! Long Live the Listserv!

Date: Thursday, October 5th, 3:00 PM – 4:00 PM Eastern
Presented By: Dan LaBert, NACBA Executive Director
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

Top 10 Ways to Drastically Increase Lead Conversion

Date: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
Presented By: Stephen Fairley, Founder & CEO of The Rainmaker Institute
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

It’s A New Month and There’s a New NACBA Webinar!

On Thursday, October 26th NACBA is excited to host a webinar that will help you make the most out of your leads! Bankruptcy attorneys spend tens of millions every year on generating leads, but very few pay attention to the most cost-effective way to sign up more cases—improving their intake and lead conversion rate! The Rainmaker Institute has helped over 18,000 attorneys grow their law firms, including many of the fastest growing (and most profitable) bankruptcy firms in the nation.

If you’re spending money on lead generation for bankruptcy cases then you will love this webinar because we are going to pull back the curtain and show you exactly how these firms are converting cases like crazy using these proven strategies!

With our presenter, Stephen Fairley from the Rainmaker Institute, you’ll discover:

  • The single biggest mistake attorneys make with their intake
  • How long it takes for a lead to go from hot to cold
  • 3 goals for your first call with a new lead
  • 7 specific strategies to convert more leads into appointments
  • Top 3 ways to get more leads to sign up fast
  • Case study of a law firm who tripled their conversion rate in 90 days
  • The who, when, and how of following up with your leads

Register today and Get a jumpstart on lead generation for your firm! FREE for NACBA Members!

*Registrants will also receive the recording of the live webinar to watch at their convenience.

NACBA Launches Circuit Communities

Designated Federal Circuit Communities For NACBA Membership

It has been long talked about, the day has arrived. One of the single most valuable benefits of NACBA membership is the “Listserv.” The Listserv platform provides accurate, timely and essential information for all attorneys who practice consumer bankruptcy law. Over the past 18 months, NACBA has promoted the adoption of a new listserv platform entitled “NACBA Communities.” The new platform, in addition to an SEO Find an Attorney service for the general public, offers NACBA Members a secure online community (both via email and web) to continue their discussion on various topics.

Given the growth of social media and homegrown local discussion, NACBA believes it is CRUCIAL to maintain a SECURE online community where the information shared is both accurate and timely. Also, while local and state bankruptcy news remains important, the bankruptcy case law updates (& news) from the Circuit a member practice in is VITAL.

Effective today on the NACBA Communities platform (A.K.A. NEW Listerv), are designated Communities for each Federal Circuit of the U.S. Court of Appeals. The mission and vision of each Circuit Community is

The # Circuit Community is an online NACBA Listserv dedicated to providing meaningful, insightful and timely coverage of bankruptcy decisions impacting consumer attorneys and debtors within the purview of the U.S. Court of Appeals for the Federal Circuit. Led by an appointed discussion leader, this NACBA Community seeks to keep the membership abreast of developments and trends within the # Circuit and their impact on contemporary jurisprudence.

While each Circuit Community will grow with organic discussion, NACBA is proud the announce the following Circuit Discussion Leaders who will not only provide weekly information as it relates to each Circuit but also will present (Circuit Case Law Round-Up) in-person at NACBA’s Annual Convention.

  • 1ST JIM MOLLEUR (ME)
  • 2ND DAVID SHAEV (NY)
  • 3RD TRISH MEYER (PA)
  • 4TH & DC KOURY HICKS (NC)
  • 5TH BEHROOZ VIDA (TX)
  • 6TH BRIAN FLICK (OH)
  • 7TH DAVID YEN (IL)
  • 8TH WENDELL SHERK (MO)
  • 9TH STANLEY ZLOTOFF (CA)
  • 10TH JILL MICHAUX (KS)
  • 11TH NATHAN JUSTER (GA)

In addition to the above list, NACBA Member Attorney Bobby Wilbert will continue to provide in-depth Bankruptcy Case Law Updates and News for NACBA.org and NACBA Member Attorney John Bates continues to update NACBA’s Exemptions Express.

Simply put, NACBA has an All-Star Team providing high-quality information to the membership!

NACBA has taken the liberty of importing/ subscribing each current member into their designated Circuit. Each member will receive a daily digest email of the Circuit Community discussion. Of course, the daily digest email can easily be changed to real-time email with HTML or Plain text options (see link below). Members can JOIN as many Circuit Communities as desired.

The designated Circuit Communities led by NACBA Appointed Circuit Discussion Leaders will deliver new and increased value to the NACBA membership investment. Please continue to know your state colleagues but increase your bankruptcy practice management by staying informed within your Circuit. Case law updates extend beyond geographical borders.

Visit NACBA.org > Log In > NACBA Connect (top of page) > All Communities

NACBA COMMUNITIES INSTRUCTION

PLEASE NOTE: “OLD” NACBA Listerv Shut Down Saturday, September 30, 2017.

Bankruptcy News Briefs 9/25

New Week…New Headlines…

CFPB Action Against Equifax Imminent

Overshadowed and Contradicted: Third Circuit Rules Second Demand Letter Violated FDCPA’s “Validation Notice” Requirement

On Anniversary of 7th Amendment, More than 400 Professors in All 50 States Urge Congress Not to Take Away Our Day in Court

Student loan debt doesn’t just hurt students. It hurts the U.S. economy, too

Report: Unaccountable CFPB Regulators Do More Harm than Good for Consumers

House Financial Services says CFPB failed to adequately investigate Wells Fargo in fraud case

Update on The CFPB’s Enforcement Case against Ocwen Financial Corporation

Equitable Mootness Doctrine Persists in Bankruptcy Appeals

Is the CFPB’s Regulatory Power Limited?

NACBA’s 2017 Hill Day!

NACBA is excited for 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

NACBA Membership Promotion! 

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

Register for NACBA’s October Webinar!

Top 10 Ways to Drastically Increase Lead Conversion

DATE: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
PRESENTED BY: Stephen Fairley, Founder & CEO of The Rainmaker Institute
COST:  Member Benefit – No Cost for NACBA Members
REGISTER: HERE

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!