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Bankruptcy Briefs 10/13/14

An illness away from bankruptcy

The bankruptcy trap in student-loan debt

Elizabeth Warren on Barack Obama: “They protected Wall Street.” 

The Fannie Mae and Freddie Mac Conservatorship: Bankruptcy Without Rules

Credit-Card Issuers Are Charging Higher

“Why Everything Elizabeth Warren Told You About Consumer Credit is Wrong”

Judge Rules that One Message Does Not Trigger FDCPA Liability

Chapter 13 Bankruptcy is Misunderstood

Student Loan Debt Higher Among “Wealthy” Families

NACBA Members Receive 10% Discount off 2015 Convention Exhibitor Booths

NEW NACBA Logo for Members-Only – Update Your Website

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Bankruptcy Briefs 10/3/14

Supremes To Rule on Bankruptcy Fees for Lawyers

Collection Complaints Fall in August, But More Claim Debt is Not Theirs

Eleventh Circuit Unwinds Order Confirming Bankruptcy Sale

Swaps Said to Be Losing Special U.S. Bankruptcy Status

N.Y. Fed Lawyer Says AIG Got Billions Without Paperwork

Harrisburg Mired in Fiscal Distress as Debt Looms

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Bankruptcy Briefs 9/22/14

Why Ordinary People Bear Economic Risks and Donald Trump Doesn’t

Erie-area woman takes rare route over student loans: bankruptcy

Former En Vogue Member Blames Bandmates for Massive Debt and Bankruptcy

Diocese sues its bankruptcy lawyers relating to sex abuse lawsuits

Beaumont men accused of refusing to pay student loan

Detroit bankruptcy plan hearing shows contrast with San Bernardino

Is student debt strangling the mortgage industry?

Legislation to lower students’ interest rate on college debt doesn’t see light of day

Yes, another article encouraging NACBA engagement if considering bankruptcy

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Bankruptcy Briefs 9/19/14

Would a GOP Senate foretell change for consumer agency?

New York State and City Join Effort to Shield Stabilized Leases

A Snowball Soon to be an Avalanche: Student Debt and Older Americans

Another Article Encouraging Those Considering Bankruptcy to contact NACBA. Is your membership current?

Banks Seek Exit from Robo-Signing Enforcement Order

Court Denies Administrative Priority Status to Seller Whose Goods Were Not Received by the Debtor

CFPB Proposes New Federal Oversight of Nonbank Auto Finance Companies

Tech Startup Vows to Make Debt Collection Smarter, Friendlier

Examiner appointed in HDG Mansur bankruptcy case

Preservation of Error and the Civil Plain Error Rule

Veteran bankruptcy lawyer Cieri to retire from Kirkland

U.S. approaching ‘sudden’ phase of bankruptcy, George Will tells Utah audience

NACBA Member Featured: Bankruptcy could save you from drowning in debt

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Bankruptcy Briefs 9/12/14

WILS 1320 Interview with NACBA President Ed Boltz

California Restores Mortgage Debt Relief for 2013

Education Department Demanding Student Debt Payment From Seniors

Private student loan can outlive student

Student Loan Debt Burdens More Than Just Young People

Resource Desperately Needed for Consumer Advocates and some Federal Regulators

Bankrupt San Bernardino, California, can cut firefighter benefits, judge says

Law professor thinks Apple turned self into a regulated financial institution

Party Aggrieved” Requirement for Appeal of a Bankruptcy Court Order

Lehman Brothers to sell $2.5b in bankruptcy claims

More mediation ordered over potential Detroit bankruptcy deal

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Bankruptcy Briefs 9/11/14

House Judiciary Committee Approves Financial Institution Bankruptcy Act of 2014

Lawmakers Seek to Smooth Banks’ Path Through Bankruptcy

Credit score overhaul introduced in House

U.S. Rep. Proposes Sweeping Changes to FCRA, Including Furnisher Mandates

Homeowners steamrolled as Florida courts clear foreclosure backlog

The Government Is Probably Driving Old People Into Poverty by Trying to Collect Their Student Loans

Judge to Warden: Release Marc Dreier (For a Day)

Franchise Brands With Higher-Than-Average Default Rates

Revel Gets $90 Million Offer to Buy Closed Casino

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Bankruptcy Briefs 9/10/14

Canadian Retirement Benefits Excluded from Current Monthly Income

Older Americans Struggle With Student Debt

Sens. Warren, Shelby: Criminal bank execs should face arrest

Isis Wallet Mobile Payments

A Tale of Unbundled Bankruptcy Legal Services

Talks between Archdiocese, bankruptcy creditors continue

Oops: Appeals Court Cites Forgotten Evidence in Ruling

Fed Proposes New Rule, and Wall St. Banks Feel the Pressure

RadioShack: Bankruptcy Imminent

Trustee Questions American Resource Staffing’s Sale

House Hearing to Examine Whether Medical Debt Should Be Included in Credit Reporting System

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NACBA Member Profile: Joshua Cohen

Based on random sampling of NACBA’s membership, the Member Profile strives to answer the question: Who are Consumer Bankruptcy Attorneys? It looks at a variety of economic and demographic characteristics, as well as, business practices and “war stories.” NACBA is and always will be your “Your Practice Partner!”

Allow us to introduce, our “Practice Partner,” Attorney Joshua Cohen of Vermont,  NACBA Member since January 2012.

Joshua Cohen is a solo practitioner whose practice is based in West Dover, Vermont. A graduate of Quinnipiac University School of Law, Josh spent two years as a law clerk at the Consumer Law cohenGroup, a private law firm dedicated to consumer issues. There Josh worked on FDCPA and FCRA issues. During law school, Josh interned at Connecticut Legal Services working on the Consumer Law Project for Elders. In November 2008, Josh went solo, starting his own consumer law firm, which included working on student loan issues. Within a year, Josh had a unique focus on student loan law and within 18 months nearly 90% of his cases involved student loans. Josh has given numerous trainings on student loan law, including CLE and webinar courses for NACBA, NACA, NCLC, and bar associations in Connecticut and Oklahoma as well as legal aid in New Jersey and Vermont. Demand for student loan law is so high that Josh now runs a Workshop to teach consumer attorneys how to help clients with student loan issues. Josh has filed numerous cases, both individual and class actions, against the student loan industry, including companies like Sallie Mae, Citibank, General Revenue Corporation, Van Ru, Enterprise Recovery Systems, Immediate Credit Recovery and GC Services. Josh holds a BA in Psychology from Brandeis University and an MBA from the University of Phoenix. He is a member of the Connecticut and Vermont State Bars, as well as, the Federal Districts of Connecticut and Vermont.

Most challenging case:

My most challenging case was early on in my legal career, having been retained just 3 months after being admitted to the bar. It was a student loan issue. My client was denied a forbearance when she should not have been which led to her loan defaulting and a huge domino effect. It took three years, but resolution was finally reached. It was a claim based on State law. The challenge was dealing with the preemption argument brought by the Defendant – did the Higher Education Act preempt my client’s State law claim. In the end, no it did not. That one decision has paved the way for me and other attorneys working on student loan issues.

Best advice you received from the national listserv:

No such thing. It’s all so helpful, and sometimes daunting to see the amount of information that can be gained on any particular subject.

The NACBA benefit you couldn’t live without:

The listserv. A constant resource for anything and everything that could be needed regarding bankruptcy.

How many years have you been practicing?

I’ve been in practice for six (6) years.

Who is your mentor – who do you look up to professionally?

A variety of folks. I find different mentors for different things. Some know 7’s well, others know 13’s better. Some have great marketing ideas.

What is your favorite part of being a consumer bankruptcy attorney?

Funny question for me. I am just starting to do bankruptcy work, mostly to bring student loan discharge cases. Someone has to do it, why not me?

Name an area of the law that you’d like to learn more about:

Bankruptcy in general. I think it is near impossible to know it all. But the listserve makes it unnecessary as there is always a few experts in different areas that can help.

For further information on solving student loan issues, you can contact Joshua Cohen via his website http://thestudentloanlawyer.com/ or Twitter http://twitter.com/studentloanlaw

Bankruptcy Briefs 8/26/14

Student Loan Debt Lasts a Lifetime

The Economic Well-being of U.S. Households

CFPB Takes Action Against Global Client Solutions for Processing Illegal Debt-Settlement Fees

Cosigning a student loan risky for parents

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Bankruptcy Declared in “The Office”

As you’ll see from the clip below, one cannot just “declare bankruptcy” by shouting from the rooftops. On a nationally televised episode of The Office, Michael Scott (Steve Carell) was given this advice by his staff accountants Oscar Martinez (Oscar Nunez). However, Michael received this advice only after announcing to all his co-workers his intent to “declare bankruptcy.” Individuals filing for bankruptcy typically aren’t required to disclose their intent to file or make a public announcement concerning their bankruptcy. (some exceptions to this may exist)

Corporations and partnerships must have an attorney to file a bankruptcy case. Individuals, however, may represent themselves in federal bankruptcy court. While individuals can file a bankruptcy case without an attorney or “pro se,” it is extremely difficult to do it successfully. This is just one of the reasons why the National Association of Consumer Bankruptcy Attorneys (NACBA) exists.

NACBA is the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy. Formed in 1992, NACBA now has more than 4,000 members located in all 50 states and Puerto Rico.

Pro se, NO WAY,” especially not when it comes to increasing your success rate of discharging many of your financial stress points. Declaring for bankruptcy isn’t quite that simple! Get the facts and find an attorney via the NACBA Attorney Finder.

Do not follow Michael Scott’s lead, declare bankruptcy only after having secured legal representation by a NACBA member attorney.