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Bankruptcy News Briefs 2/18

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Today’s Headlines…

FTC Issues Annual Report on Debt Collection Enforcement

BBB Report: Complaints About Debt Collectors Continue to Decline

Consumers’ Spending Activity Slows in December 2015

ACA Files Reply Brief in D.C. Circuit Appeal Challenging FCC’s TCPA Order

7th Cir. Rejects FDCPA Allegations Involving Letters Sent to Debtor’s Counsel

Payday Lending Clash Rolls On Between CFPB And Congress

United States: CFPB Issues TRID Revision

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Registration is Open for March’s Webinar

Regulation of X & Z Enforcement Powerful New Tools for Consumer Bankruptcy Attorneys

  • Wednesday, March 2, 2016, 60 minutes
  • 3 PM Eastern / 2PM Central / 1PM Mountain / 12 PM Pacific
  • Presented by: Marc Dann, Former Ohio Attorney General
  • Registration deadline: 3/2/16 at 2PM Eastern.
  • $25 Member / $75 Non Member
  • Register HERE

“Regulation X & Z Enforcement,” provides an overview of federal Regulation X and Regulation Z and demonstrates how these laws can empower consumers and their counsel. The presentation outlines specific errors prohibited by these regulations.During this webinar, Marc will walk participants through examples of actual Requests for Information and Notices of Error used daily by The Dann Law Firm. Marc will explore these regulations with case studies highlighting real-life scenarios faced by clients. Attendees can expect to gain a solid understanding of Regulation X and Z and how these statutes could benefit their clients.

If you are unable to participate in webinar at scheduled time, register by 3/2/16 at 2 PM Eastern and you will receive recording, materials and discounted pricing. After 3/2/16, the webinar will be available in the NACBA Store.

ARE YOU READY FOR THE 2016 #NACBASF CONVENTION?

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NACBASF has some stellar Keynote Speakers in 2016! Don’t miss the opening keynote, “Don’t Just Survive, Thrive in a Struggling Economy,” with Adam Carroll. Adam will share methods and strategies that will help you THRIVE when others are simply surviving. You’ll learn how to build your network for success, how to leverage your knowledge and contacts, and ultimately how to make your mark on your clients to create a never-ending stream of referrals.

90 days remain until #NACBASF 2016! Register today and receive the Early Bird Rate for savings and for a convention you won’t want to miss.

*Early Bird Rate Ends Friday, March 25th

EXHIBITOR AND SPONSORSHIP OPPORTUNITIES

NACBASF and NACBA’s Fall Workshop Summit is the perfect opportunity to be an exhibitor or sponsor to showcase your product. Learn more about how you can participate in the 2016 Prospectus.

SAVE THE DATE! GET READY TO SAIL AWAY WITH NACBA IN 2016!

2016 never looked better!  Set your sights on sailing the friendly seas! Save the date and get ready to register for NACBA’s Fall Workshop Summit at Sea, October 7th-10th, 2016.

MEMBERSHIP BENEFITS WITH VALUE

NACBA and www.certificateofservice.com have teamed up to offer NACBA members discounted mailing services! Every user of the NACBA/COS mailing system gets the benefit of reduced pricing on per page copy costs, reduced postage, as well as the same reliability and timeliness of thewww.certificateofservice.com mailing system.

KEEP YOUR NACBA MEMBERSHIP CURRENT

With so many exciting educational events and networking opportunities on the horizon in 2016 begin this year by 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!

Bankruptcy News Briefs 2/12

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Headlines Relevant to You….

TransUnion Acquires Majority Interest in Colombian Credit Bureau

State AGs, Lawmakers Tell CFPB to Back Off on Payday Rule

NCBRC Cases in Review – February 2016

Payment Processor Settles FTC’s Telemarketing Scheme Charges

Subprime Delinquencies, Auto Loans are Growing

Study: Available Credit Fuels Consumers’ Short and Long-Term Debt

IRS Commissioner Pushes Back Timeline for Private Debt Collection Program

Rhode Island ‘Expired Debt Act’ More Than Name Implies

IRS Will Miss March 4 Deadline For Contracting With Private Debt Collectors

NACBA Webinars Web Banner (1)

Save the Date for March’s Webinar
Regulation of X & Z Enforcement Powerful New Tools for Consumer Bankruptcy Attorneys

  • Wednesday, March 2, 2016, 60 minutes
  • 3 PM Eastern / 2PM Central / 1PM Mountain / 12 PM Pacific
  • Presented by: Marc Dann, Former Ohio Attorney General

Description and Registration Link coming soon.

DON’T LET THE WEEKEND START WITHOUT REGISTERING FOR NACBASF!

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Get informed on the Supreme Court decision that may be affecting your bankruptcy firm. Attend the Supreme Court Round Up Session on Friday May 20th and get the update you need to stay current!

There’s only 96 days remaining until #NACBASF 2016 Register today and receive the Early Bird Rate for savings!

SAVE THE DATE! GET READY TO SAIL AWAY WITH NACBA IN 2016!

2016 never looked better!  Set your sights on sailing the friendly seas! Save the date and get ready to register for NACBA’s Fall Workshop Summit at Sea, October 7th-10th, 2016.

SCRAMBLING FOR A VALENTINES DAY GIFT?

NACBA is pleased to announce a National Purchasing Partners (NPP) exclusive!  Save 20% sitewide when you purchase Valentine’s flowers and gifts from 1-800flowers.com. Use the promo code NPP20 and find that special arrangement today for either Business Purchases orPersonal Purchases. Happy Valentines Day!

KEEP YOUR NACBA MEMBERSHIP CURRENT

With so many exciting educational events and networking opportunities on the horizon in 2016 begin this year by 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!

Bankruptcy News Briefs 2/11

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Thursday’s Headlines…

Lenders Turn to Alternative Credit Data Amid More Competition

CFPB Warns About Financial Scam Targeting Older Consumers

Ed Announces New Student Aid Enforcement UnitSixth Circuit BAP to Address Impact of Caulkett in Chapter 13

Motion Granted for Debt Collector in FDCPA Bona Fide Error Case

Delaware Bankruptcy Judge Rejects Effort to Circumvent Supreme Court’s Asarco Decision

U.S. Bank, Santander Fines End OCC Mortgage Enforcement Actions

25 State Attorneys General Lend Support to HANGUP Act

NACBA Webinars Web Banner (1)

Save the Date for March’s Webinar

Regulation of X & Z Enforcement Powerful New Tools for Consumer Bankruptcy Attorneys

  • Wednesday, March 2, 2016, 60 minutes
  • 3 PM Eastern / 2PM Central / 1PM Mountain / 12 PM Pacific
  • Presented by: Marc Dann, Former Ohio Attorney General

Description and Registration Link coming soon.

NACBASF IS A CONVENTION YOU WON’T WANT TO MISS!

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Student loans are one of the most pressing issues facing our nation and at #NACBASF we tackle the hot topics! Join Edward Boltz, J. Erik Heath, and John Rao with moderator Jenny Doling for their session, “Student Loan Basics.” Hear what the experts have to say!

There’s only 97 days remaining until #NACBASF 2016 Register today and receive the Early Bird Rate for savings!

SAVE THE DATE! GET READY TO SAIL AWAY WITH NACBA IN 2016!

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2016 never looked better!  Set your sights on sailing the friendly seas! Save the date and get ready to register for NACBA’s Fall Workshop Summit at Sea, October 7th-10th, 2016.

LOOKING FOR A VALENTINES DAY GIFT?

NACBA is pleased to announce a National Purchasing Partners (NPP) exclusive!  Save 20% sitewide when you purchase Valentine’s flowers and gifts from 1-800flowers.com. Use the promo code NPP20 and find that special arrangement today for either Business Purchases orPersonal Purchases. Happy Valentines Day!

KEEP YOUR NACBA MEMBERSHIP CURRENT

With so many exciting educational events and networking opportunities on the horizon in 2016 begin this year by 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!

 

New NACBA State Chair Announced For Central California

Los Angeles Attorney Jenny Doling Tackles New Role Leading Education Program for National Association of Consumer Bankruptcy Attorneys

The National Association of Consumer Bankruptcy Attorneys (NACBA) announced that California attorney Jenny L. Doling of the Law Offices of Jenny L. Doling, A.P.L.C. in Palm Desert, California will serve as its new state chair representing the entire Central District of California, the largest district in the Country.

dolingAs NACBA’s state chair for the Central District of California, Doling will serve as the official liaison between the group’s leadership in Washington, D.C. and its member attorneys, bankruptcy judges, and other court officials in the state, as well as serving as a primary contact for local media regarding consumer bankruptcy issues.

Serving approximately 3,500 members in all 50 states and Puerto Rico, NACBA is the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy.

Jenny L. Doling said: “I am honored to represent NACBA as the new State Chair for the Central District of California.  NACBA’s unparalleled efforts to advocate for consumer bankruptcy debtors nationwide has brought about clear and necessary changes in an unbalanced financial industry. I look forward to working with NACBA in its efforts to protect the rights of struggling families, to advocate for better laws, and to bring members together for a stronger debtors’ bar.”

NACBA Executive Director Dan LaBert said: “Our leadership team is dedicated to continuing our mission in California to help to protect the rights of families in financial distress at a grassroots level. Our national membership is supported by a strong network of state chairs appointees.  Jenny is a longstanding NACBA member and will make an excellent state chair in the Central District of California.  We look forward to working closely with her to represent bankruptcy attorneys and their important policy objectives across a wide range of issues.”

Jenny Doling has been working with consumer debtors for nearly 20 years, and is licensed to practice law in California and Nevada.  She has several reported cases in the Central District of California and the 9th Circuit BAP.  Doling is a Professor of Bankruptcy Law for the California Desert Trial Academy. In addition, she is an active member of NACBA, and the California Bar Association.  She also serves on the Board of the Inland Empire Bankruptcy Forum (IEBF).  Doling is a frequent panel speaker at continuing education conferences for IEBF, NACBA, NACTT, and NCBJ.

New NACBA State Chair Announced For Iowa

Des Moines Attorney Nancy L. Thompson Tackles New Role Leading Education Program for National Association of Consumer Bankruptcy Attorneys.

The National Association of Consumer Bankruptcy Attorneys (NACBA) today announced that Des Moines bankruptcy attorney Nancy L. Thompson of The Nancy L. Thompson Law Office PC in Des Moines, IA will serve as its new state chair representing Iowa.

As NACBA’s state chair in Iowa, Thompson will serve as the official liaison between the group’s leadership in Washington, D.C. and its member attorneys, bankruptcy judges and other court officials in the state, as well as serving as a primary contact for local media regarding consumer bankruptcy issues.

Serving approximately 3,500 members in all 50 states and Puerto Rico, NACBA is the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy.

Nancy L. Thompson said:  “NACBA is well respected for its involvement in the development of consumer bankruptcy law, both through litigation and legislation.  It is a great honor to be able to work more closely with the organization’s leadership on future initiatives.”

NACBA Executive Director Dan LaBert said: “Our leadership team is dedicated to continuing our mission in Iowa to help to protect the rights of families in financial distress at a grassroots level. Our national membership is supported by a strong network of state chairs appointees.  Nancy is a longstanding NACBA member and will make an excellent state chair in Iowa.  We look forward to working closely with her to represent bankruptcy attorneys and their important policy objectives across a wide range of issues.”

Thompson practices bankruptcy and consumer law in Des Moines, Iowa. From 2006 to 2008, she was Chair of the Iowa State Bar Association Commercial and Bankruptcy Section and in 2007 was named Outstanding Section Chair for Legislative Advocacy for her successful effort to update and improve Iowa’s personal property exemptions. Thompson is a member of the Iowa State Bar Association Commercial and Bankruptcy Section, the National Association of Consumer Bankruptcy Attorneys (NACBA) and the National Association of Consumer Advocates (NACA). In 2015, she received the Distinguished Service Award for her contributions to NACBA and has been a frequent presenter at legal and public seminars on bankruptcy, foreclosure and consumer credit. In addition to Thompson’s private practice in Des Moines, she is a part time staff attorney with Iowa Legal Aid.

New NACBA State Chair Announced For Georgia

Atlanta Attorney Alex Dolhancyk Tackles New Role Leading Education Program for National Association of Consumer Bankruptcy Attorneys

The National Association of Consumer Bankruptcy Attorneys (NACBA) announced that Atlanta bankruptcy attorney Alex Dolhancyk of The Dolhancyk Law Firm in Jonesboro, GA will serve as its new state chair representing Georgia.

As NACBA’s state chair in Georgia, Dolhancyk will serve as the official liaison between the group’s leadership in Washington, D.C. and its member attorneys, bankruptcy judges and other court officials in the state, as well as serving as a primary contact for local media regarding consumer bankruptcy issues.

Serving approximately 3,500 members in all 50 states and Puerto Rico, NACBA is the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy.

Alex Dolhancyk said: “NACBA’s efforts in advocating debtor’s rights at the national level is unequaled.  I am honored to work with NACBA’s leadership and Georgia attorneys in continuing that effort.”

NACBA Executive Director Dan LaBert said: “Our leadership team is dedicated to continuing our mission in Georgia to help to protect the rights of families in financial distress at a grassroots level. Our national membership is supported by a strong network of state chairs appointees.  Alex is a longstanding NACBA member and will make an excellent state chair in Georgia.  We look forward to working closely with him to represent bankruptcy attorneys and their important policy objectives across a wide range of issues.”

Dolhancyk has represented consumer debtors in bankruptcy cases for over 27 years. He is licensed to practice in Georgia, Tennessee and New York, and has numerous reported cases in the Northern District of Georgia bankruptcy.  Dolhancyk is board certified in consumer bankruptcy law, and is an active member of the Bankruptcy Law section of the Georgia Bar Association and in the Metro Atlanta Consumer Bankruptcy Attorney Group. He holds an LLM in Business Law from Emory University.

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 www.ncbrc.org

New NACBA State Chair Announced For Eastern Pennsylvania

Philadelphia Attorney Stephen Dunne Tackles New Role Leading Education Program for National Association of Consumer Bankruptcy Attorneys

The National Association of Consumer Bankruptcy Attorneys (NACBA) announced that Philadelphia bankruptcy attorney Stephen M. Dunne of Dunne Law Offices will serve as its new state chair representing Eastern Pennsylvania.

As NACBA chair of Eastern Pennsylvania, Dunne will serve as the official liaison between the group’s leadership in Washington, D.C. and its member attorneys, bankruptcy judges and other court officials in the state, as well as serving as a primary contact for local media regarding consumer bankruptcy issues.

Serving approximately 3,500 members in all 50 states and Puerto Rico, NACBA is the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy.

Stephen Dunne said: “It is an honor and a privilege to be nominated to serve as the Eastern Pennsylvania State Chair of the National Association of Consumer Bankruptcy Attorneys.  NACBA works tirelessly to ensure the voices of consumer debtors and their attorneys are heard in the halls of Congress.  I am grateful for the opportunity to serve as State Chair and I look forward to protecting and enhancing the rights of consumer bankruptcy debtors.”

NACBA Executive Director Dan LaBert said: “Our leadership team is dedicated to continuing our mission in Pennsylvania to help to protect the rights of families in financial distress at a grassroots level. Our national membership is supported by a strong network of state chairs appointees.  Stephen is a longstanding NACBA member and will make an excellent state chair in Eastern Pennsylvania.  We look forward to working closely with him to represent bankruptcy attorneys and their important policy objectives across a wide range of issues.”

Dunne was named “Pennsylvania Super Lawyer” by Philadelphia Magazine.  His legal analysis has been featured on Fox News, The Philadelphia Inquirer, Philadelphia Daily News and The Nation.

As an undergraduate at Penn State University, Dunne served as an infantry soldier in the Pennsylvania National Guard and as a cadet in the R.O.T.C. Later, he attend the New England School of Law in Boston, interned at the Boston Stock Exchange and clerked for McGarthy & Ged. Through these experiences early in his legal career, Dunne developed an interest in helping people find financial relief through legal action.

Bankruptcy News Briefs 5/1

Collection Complaints, Lawsuits Both Grow: Report

Overall Consumer Credit Defaults Down Slightly

Courts Dismiss Two Lawsuits Against Collection Agencies

Court Halts Operation that Targeted Homeowners Facing Foreclosure

Patients and Healthcare Providers Feel Burden of Increased Medical Costs

Debate Over North Carolina Debt Buyer Bill Gets Personal, and Nasty

Regulator Sets New Rules on Credit-Union Membership

Objection to Discharge Should Have Been Dismissed as Untimely

Wage garnishment bill would cripple North Carolina families

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