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Bankruptcy News Briefs 5/15

District Court Affirms Ruling that Settlement Proceeds from Pelvic Mesh Injuries Were Acquired Post-Petition, and Not Property of the Estate, Since Debtor did Not Discover Product Defect Until After Filing Bankruptcy

District Court Takes on the Intersection of Bankruptcy and the FDCPA

FAQ: Recent Developments in US Law Affecting Pension and OPEB Claims in Restructurings (2017)

Prepaid Card Protections Likely to Escape Congressional Veto

Guy who fought Wells Fargo is angry about Republican attack on CFPB

Republican Threat to CFPB Rules May Mean Enforcement Boost

Two years after creation, state’s debt-recovery center is moving at ever-faster pace

No U.S. Private Debt Collectors for Americans Overseas: IRS

Debt Collector Abuse Is Raging In The Trump Era

The Conundrum Of Debt, Tax Cuts and The Economy

Can’t Pay Your Student Loans? The Government May Come After Your House

A student loan should not mean a lifetime of debt. Maine lawmakers can help.

Sacramento attorney disbarred for mishandling bankruptcy cases

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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 Membership in May to Enter This Awesome Giveaway!

Renew your membership in May 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.

PlayBack NACBA

Do you wish you could experience the 2017 Convention all over again, is there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25!

You read correctly! Since you were an attendee of #NACBA25 you have a 3 Month Fast Pass Complimentary Activation for Playback NACBA thanks to our sponsor, Best Case, The Cingroup Family. When you activate your complimentary pass you’ll be able to catch all the magic that happened during the convention. You’ll have access to the sessions and speakers that made #NACBA25 such a success! Thanks to our sponsors you have a 3 Month Fast Pass Complimentary Activation for Playback NACBA. You’ll also have the opportunity to upgrade your package with a Seasons Pass or Work Package for an additional cost. Activate your Fast Pass Today!

Bankruptcy News Briefs 5/10

Student, Auto Loan Borrowing Reaches Highest Level in Five Months

Bankruptcy Filings Decline

Searching For The Meaning Of “Meaningful Involvement”

Lawmakers Push Bill Allowing Student Debt to Be Discharged in Bankruptcy

CFPB Updates Rules on Collecting Ex Parte Rulemaking Input

U.S. Government Officials Play Hardball On Student Loan Defaults

Chapter 20 and Who May Be a Debtor

CFPB: Consumer Prepaid Complaints Drop in Q1

Top 5 complaints against credit card companies

Reps. Katko, Delaney sponsor bill that would let student loan borrowers get bankruptcy discharge

11th Cir. Holds Post-Discharge Monthly Mortgage Statements Not Prohibited

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Bankruptcy News Briefs 5/9

Treasury Awards Contracts for Collection of Non-Tax Debt; Could Student Loans Be Next?

Government’s “Police Power” Exception to Automatic Stay Does Not Apply to Government’s Enforcement of a Money Judgment Against Debtor

U.S. Supreme Court Rejects “Meaningful Attorney Involvement” Case

How the Affordable Care Act Drove Down Personal Bankruptcy

Nobody Answering the Phone; Student Loan Borrowers (and Taxpayers) Impacted Bigtime

What’s Inside the CFPB Enforcement Policies and Procedures Manual 2.0

Puerto Rico’s Fate Will Come Down to Decisions of a Single Judge

Debt Collection, Made Easier And … Gentler?

WHAT DID THE CFPB DO ABOUT WELLS FARGO OPENING UNAUTHORIZED ACCOUNTS?

This is the No. 1 reason Americans file for bankruptcy

Changes In Attitude, Changes In FinServ Regulatory Latitude

Stop Medical Bills from Driving You into Bankruptcy

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A Glimpse Into the Consumer Bankruptcy Journal

Christine Kieta, gives us the basics in her article“Basics for Non-Bankruptcy Litigation Lawyers,” in NACBA’s Consumer Bankruptcy Journal where she discusses; getting into bankruptcy court, insulating your claim from a potential bankruptcy discharge and envisioning the battle lines for success.

Bankruptcy News Briefs 5/8

NACBA Applauds Bipartisan Effort to Discharge Excessive Student Loan Debt

D.C. Enacts Student Loan Servicer Licensing Requirement

FCC’s O’Rielly Says Legitimate Businesses Haven’t Effectively Told Their Story on TCPA

New Bankruptcy Rules to Take Effect December 1, 2017

Fair Arbitration Now Coalition Urges the House to Reject Legislation Stripping Federal Agencies of Authority to Restrict Forced Arbitration

Eleventh Circuit Disappoints on Undue Hardship Issue

More Companies Fight CFPB’s Enforcement Actions

The System To Collect Defaulted Student Loans Is No Longer Functioning

Millennials owe a record amount of debt, and it could become a huge drag on the economy

Rising Automobile Debt Foreshadows Impending Credit Crisis

Mortgage Default Risk is on the Rise

Trying Times for Secondary Market for Consumer Debts

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Bankruptcy News Briefs 5/4

Monthly Debt Collection Complaints and Consumer Litigation Filings Increase

A Loan Is Not an “Educational Benefit” for Dischargeability Purposes

House panel approves GOP Dodd-Frank rewrite

Court Rules Sending Validation Through CFPB Portal Does Not Satisfy FDCPA

Trump administration welcomes back student debt collectors fired by Obama

Courts Grapple with Fine Line between (Medical) Informational & Telemarketing Calls

CHOICE Act Markup Drags On After GOP Sinks Dem CFPB Amendments

CFPB Attempts to Deny Constitutionality Ruling Fast-Track

HOW HAS THE CFPB HELPED CONSUMERS DEALING WITH DEBT COLLECTORS?

Parent Cosigners Beware: Think Twice Before Taking On Your Child’s College Debt

U.S. Auto Sales Plunge Dramatically As The Consumer Debt Bubble Continues To Collapse

Charge-offs on Consumer Debts: The Kentucky Supreme Court Causes Shaky Ground to Collect Prejudgment Interest

FTC Issues “Advice” on Background Check Disclosure and Authorization Forms

Supreme Court Hears Oral Argument In Significant FDCPA Case

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NACBA25 Highlight

Having confidence that you’re going to get paid eventually is one thing, but there is no denying that paying for the costs of discovery in advance can be a real burden for consumer bankruptcy lawyers. This session will focus on learning how to distinguish between what discovery expenses are absolutely necessary. It will also address acceptable shortcuts / alternative means of evidence gathering that can go a long way in making the difference between the dream of adding the excitement and income from litigation to your consumer bankruptcy practice and making it a reality.

Meet Your Presenters

Thad Bartholow

Thad Bartholow is a partner with the Dallas, Texas law firm of Armstrong Kellett Bartholow P.C. In addition to consumer bankruptcy, Mr. Bartholow’s practice focuses on individual and class-action litigation on behalf of consumer debtors in state, federal, and bankruptcy courts. He has spoken at local, regional and national conferences regarding issues related to consumer bankruptcy and consumer litigation, and Mr. Bartholow has obtained several favorable written opinions on issues related to objections to proofs of claims and creditors’ standing / status as a real party in interest with authority to participate in bankruptcy proceedings. Mr. Bartholow is a member of NACBA, NACA, and a graduate of Max Gardner’s Bankruptcy Boot Camp.

Philip Zuzolo

Since 2007 Philip Zuzolo has been practicing consumer law in Northeast Ohio, concentrating on litigation involving the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Ohio Consumer Sales Practices Act, and the Real Estate Settlement Procedures Act in both the state and federal courts. Attorney Zuzolo has also focused a great deal of his practice on litigating cases against creditors in the Bankruptcy Court for the Northern District of Ohio.

Attorney Zuzolo received a Bachelor of Arts from John Carroll University and his juris doctorate from The University of Akron School of Law. Prior to law school, Attorney Zuzolo served in the United States Army and attained the rank of Captain. He is admitted to the Ohio Supreme Court, the United States District Court for Northern and Southern Districts of Ohio, the United States Bankruptcy Court for the Northern District of Ohio, and the Sixth Circuit Court of Appeals. He is a member of the Trumbull County Bar Association, National Association of Consumer Lawyers, the Board of Directors for ETI Technical College, and is a member and Secretary for the Nathaniel R. Jones American Inn of Court. Attorney Zuzolo is a 2008 graduate of Max Gardner’s boot camp. In 2016, Attorney Zuzolo was awarded with the Trumbull County Volunteer Lawyer of the Year award, as well as the Special Recognition Award from the Trumbull County Bar Association for his volunteer work.

Moderator

Rachel Foley

Rachel Foley began her bankruptcy career with the United Auto Workers representing GM and Ford employees in Chapter 13 and 7’s. Rachel was the only bankruptcy attorney for the Missouri auto workers and it was not unusual for her to manage 3 – 4 times the regular attorney caseload at any given time. This provided a vast array of case scenarios, experience and knowledge that Rachel continues to pull from today. Where ever the client was located, the Union ensured the auto worker would have representation, including but not limited to being incarcerated in Leavenworth Federal Prison. Where ever that client was located, Rachel made sure they received the very best level of bankruptcy representation.

In addition to her training through the UAW, Rachel’s background as a Risk Manager for Clarkson Regional Health Center and 20 years’ experience in the emergency room as a Registered Respiratory Therapist, makes her uniquely qualified to argue a variety of cases. Rachel has been recognized for her constant commitment to the representation of debtors. Rachel is the inaugural winner of the K. Colleen Nunnelly Award by the National Association of Consumer Bankruptcy Attorneys and recognized by her peers as being the Best of the Kansas City Bar in the area of bankruptcy. These recognitions are in addition to being named to the Pro Bono Wall of Fame by the Missouri Bar Association.

Bankruptcy News 5/2

Regulatory Accountability Act Puts Wall St. Interests Ahead of Consumers

Escrow, Insurance and Rent Not Additional Collateral in Deed of Trust

Court Dismissed Chapter 13 Case where Debtors Offered No Explanations for Failing to Amend Schedules or Make Payments, and Took “Cavalier” Attitude Toward Bankruptcy

Is It Officially Time To Start Worrying About Consumer Credit?

M.R.S. Associates Inc. accused of harassing consumer with debt collection calls

Operation Collection Protection Secures $2 Million Civil Penalty Against President of Debt Collection Company

US consumer debt is piling up

Illinois’ medical debt spiral injures people, economy

Bill would protect Social Security against student loan debt

Congress Tries To Ban The CFPB From Regulating Payday And Car-title Loans

Free Pass for Taxes Owed to Pennsylvania?

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NACBA25 is Here!

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, and fun events! There’s still time to Register so come see us!

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NACBA25 Highlight

Each district must decide, after receiving public comment, whether to adopt the Official Form Chapter 13 Plan or a conforming Local Form Chapter 13 plan. These plans will go into effect on December 1, 2017. Learn about this process, how to get involved, and the issues that may affect you and your clients. Our distinguished panel will also help you to understand the new bankruptcy rule changes that relate to the plans and Chapter 13 practice, including those dealing with the claim filing deadline and the ability to request secured claim valuations and judicial lien avoidance in the plan.

Presenters

Chief Judge Eric L. Frank

Eric L. Frank has been serving as a bankruptcy judge serving in the U.S. Bankruptcy Court for the Eastern District of Pennsylvania since February 2006. Prior to taking the bench, Judge Frank had more than 27 years experience as a bankruptcy practitioner and was counsel in several cases that were decided by the U.S. Supreme Court and the U.S. Court of Appeals for the Third Circuit. While in practice, Judge Frank was a shareholder in DiDonato and Winterhalter, P.C. (from 2004 to 2006), a partner in Miller, Frank & Miller (from 1991 to 2004) and a supervising attorney at Community Legal Services, Inc. (from 1978 to 1991), all in Philadelphia, PA. He served as a law clerk to the late Justice Samuel J. Roberts of the Pennsylvania Supreme Court in 1976-77 and U.S. Bankruptcy Judge Bruce I. Fox in 1986-87. From 1998 to 2005, Judge Frank served as a member of the federal Judicial Conference Advisory Committee on the Federal Rules of Bankruptcy Procedure. He is a Contributing Author to the treatise Collier on Bankruptcy (15th rev. ed.). Judge Frank is a past Chair of the Steering Committee of the Eastern District of Pennsylvania Bankruptcy Conference and a past President of the Board of Directors of the Consumer Bankruptcy Assistance Project in Philadelphia, which provides referrals and representation in chapter 7 bankruptcy cases on a pro bono basis for eligible, indigent persons. Judge Frank received his J.D. from the University of Pennsylvania Law School in 1976, where he served on the Law Review, and his B.A. from the State University of New York at Binghamton in 1973.

Hon (Ret.) Eugene Wedoff

Eugene R. Wedoff has served as a bankruptcy judge in the Northern District of Illinois (in Chicago) since 1987 and as chief judge from 2002 to 2007. He drafted the model Chapter 13 plan used in that district. Judge Wedoff has been a member of the Advisory Committee on Bankruptcy Rules since 2004 and served as its chair 2010-2014. He was a member of the working group that drafted the means test forms implementing provisions of the 2005 bankruptcy amendment. Judge Wedoff is currently the past president of the National Conference of Bankruptcy Judges. He has served as a member of the NCBJ’s Board of Governors, as its secretary, and as chair of its education committee. He is a member of the American Bankruptcy Institute and has served as an officer and member of its Executive Committee. He is a fellow of the American College of Bankruptcy and a member of the National Bankruptcy Conference. He presided over the Chapter 11 reorganization of United Air Lines. Judge Wedoff is the author of the chapter on professional employment in Queenan, Hendel and Hillinger, Chapter 11 Theory and Practice (LRP Publications, 1994), and has been an associate editor of The American Bankruptcy Law Journal. His article, “Means Testing in the New § 707(b),” was published by the American Bankruptcy Law Journal in 2005. Judge Wedoff is a frequent lecturer and has served as a member of the Federal Judicial Center’s Committee on Bankruptcy Judge Education. In 2009, he received the Lawrence P. King Award from the Commercial Law League, and in 1995, he received the Excellence in Education Award from the NCBJ.

Moderator

John Rao

John Rao is an attorney with the National Consumer Law Center, Inc. Mr. Rao focuses on consumer credit and bankruptcy issues and has served as a panelist and instructor at numerous bankruptcy and consumer law trainings and conferences. He has served as an expert witness in court cases and has testified in Congress on consumer matters. Mr. Rao is a contributing author and editor of NCLC’s Consumer Bankruptcy Law and Practice; co-author of NCLC’s Foreclosures; Bankruptcy Basics; Guide to Surviving Debt; and NCLC Reports: Bankruptcy and Foreclosures Edition, and contributing author to NCLC’s Student Loan Law. He is also a contributing author to Collier on Bankruptcy and the Collier Bankruptcy Practice Guide. Mr. Rao serves as a member of the federal Judicial Conference Advisory Committee on Bankruptcy Rules, appointed by Chief Justice John Roberts in 2006. He is a conferee of the National Bankruptcy Conference, fellow of the American College of Bankruptcy, vice-president for the National Association of Consumer Bankruptcy Attorneys, and former board member for the American Bankruptcy Institute. He is an adjunct faculty member at Boston College School of Law. Mr. Rao is a graduate of Boston University and received his J.D. in 1982 from the University of California (Hastings).

Get Ready to Celebrate NACBA25!

Bankruptcy News Briefs 4/28

Statement of National Consumer Law Center’s Lauren Saunders Regarding the Regulatory Accountability Act of 2017

Order On Liability But Not Damages Is Interlocutory

Federal regulator ratchets up effort to regulate tribal lenders, suing four in California

Senate Banking Chair Sets Bipartisan Goal, Expects Clash on CFPB

UPDATED: CFPB hits SNAAC with another $1.25M penalty

Treasury secretary praises GOP Dodd-Frank rewrite, doesn’t endorse it

As Consumers Take On More Debt, Credit Card Losses Rise

Supreme Court Hears Oral Argument In Significant FDCPA Case

Arizona Provides Consumers Relief From Surprise Medical Bills

Foreclosure hell: Sacramento judge says Bank of America stalked and bullied family into losing home

A Glimpse Into the Consumer Bankruptcy Journal

Robert Hoglund, President and Founder of Hoglund Advertising & Analytics

Digital advertising can be lucrative and effective for attorneys if done correctly and that’s what Robert Hoglund’s article, “Digital Advertising for Lawyers, Part I” discusses in the newest edition of the Consumer Bankruptcy Journal. This informative article is one of a series, that will appear in the CBJ. In Part 1, Robert looks at warning signs to look for when approached by a digital ad agencies and what to look for as well.

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NACBA25 is Couple Weeks Away! There’s Still Time to Register!

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!

It’s a New Month! Renew Your Membership to Enter This Awesome Giveaway!

Renew your membership in April 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 4/27

Continued Scrutiny of Student Loans Serivcers

Massachusetts Bankruptcy Court Confirms that Chapter 13 Debtors May “Strip Off” Second Mortgages

House Financial Services Committee Could Vote on CHOICE Act Next Week

State Unemployment Agency Violated Discharge Injunction by Garnishing Debtor’s Wages After it had Notice of Bankruptcy Case, but Failed to Object to Discharge

40% of Americans spend up to half of their income servicing debt

House aims to rewrite consumer safeguards

Keys To Understanding The Legal Battle Brewing Between Ocwen And The CFPB

Consumers Show Signs of Frailty

Changes coming in the fall to how major credit score is calculated

Third Circuit agrees with lower court that Rooker-Feldman doctrine precludes claims in FDCPA case

Hundreds of military members owed refunds from auto lender

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NACBA25 is Couple Weeks Away! There’s Still Time to Register!

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!

It’s a New Month! Renew Your Membership to Enter This Awesome Giveaway!