Bankruptcy Filings

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.

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.

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!

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

Receive a $25 Amazon Gift Card!

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

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

Bankruptcy News Briefs 4/26

Filling the Void: New CFPB Collection Could Help Protect Student Loan Borrowers

Ocwen Files Motions Against CFPB

CFPB Snapshot Highlights Biggest Student Loan Complaints

Credit rating agencies ding Ocwen over CFPB, state regulator charges

Litigating Debt Collections May Subject You to Liability

Ocwen Asks Federal Court for Expedited Decision That the CFPB Is Unconstitutional and Seeks Participation of the Department of Justice

Recapping crucial debt collection case before Supreme Court

FDCPA Ban on Deceptive Collections Practices Extends to Conduct by Lawyers in Court

Trump can help forgotten Americans with a change to the tax code that would help relieve debt

Receive a $25 Amazon Gift Card!

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

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

#NACBA25 Highlight: Platinum Sponsor: BK Billing

NACBA is excited to welcome BK Billing as a Platinum Sponsor at our 25th Annual Convention in Orlando, Florida, May 4th-7th. When you visit BK Billing you will experience the bankruptcy revolution that will make your job as an attorney much easier and will leave your clients feeling satisfied. BK Billing is a factoring company that buys accounts receivable from bankruptcy attorneys. By following the bifurcation process of fast funding, automated billing, and credit reporting used by attorneys nationwide, you can now offer a zero dollar down option for their bankruptcy clients and still get paid in full.

Does this sound like something you’d like your firm to take advantage of? Well, you’re in luck because BK Billing is graciously extending their $595 savings offer (no set-up fee), to all NACBA members through May 7, 2017 a savings you won’t want to miss! But, wait there’s more!

BK Billing is holding a CLE session on Thursday, May 4th at 5:00 p.m. in Room Asia 4. In this session, BK Billing Experts will review applicable case law on bifurcation and offer a free 275-page book, complete with legal memos, so you can better understand this process. Is your interest peaked? Then take a moment to read the Transcript for the Pre-NACBA Convention Call on Bifurcation, where BK Billing discusses how you can double or maybe even triple your Chapter 7 Production in the next 90 or 120 days by following case long Bifurcation and using their services.

Wait, here is yet another reason you’ll want to visit BK Billing…All Convention attendees receive a FREE copy of the 2017 United States Bankruptcy Code and Rules Booklet, 2017 Edition, when they visit BK Billing! No purchase is necessary, just stop by the BK Billing area and request your copy.

Visit the private Facebook Group for Attorneys to join the conversation!

Don’t Miss This Golden Opportunity!

Visit the BK Billing Exhibit Booth!

Bankruptcy News Briefs 4/25

Federal Court Orders Collection Agency President to Pay $2 Million Civil Penalty

Governmental Regulatory Exception to Automatic Stay Applies to Contempt Proceeding

Colorado’s FDCPA Adds Media Requirements, Removes its Collection Agency Board

House Financial Services Committee to Discuss CFPB Reform Bill

Former Regulator Details CFPB’s Secret History of Stonewalling

West Virginia Law Revises Terms for Debt Collections

The IRS is outsourcing debt collection, expect tax collection scams to get worse

Borrowers Dealt Blow After Devos Rolls Back Reform Guidelines for Student Loan Borrowers

The Week Ahead: FSC to Hold Financial CHOICE Hearing

Second Circuit Holds that District Court Orders Determining Restitution Credits are Final, Appealable Orders

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

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

Bankruptcy News Briefs 4/24

Bank Card Default Rates Increase for Fifth Consecutive Month

U.S. Supreme Court Hears Oral Arguments over Whether Debt Buyers are Debt Collectors under FDCPA

11th Circuit Gives Debtor Another Chance to Prove She Met All Three Prongs of Brunner Test to Discharge Student Loans

CFPB Issues Final Rule on Prepaid Card Rule Extension

Report: Medical debt collections draw scrutiny

Attention lenders: The CFPB is now focusing more on fair lending in mortgages

Lawsuits allege mortgage servicer Ocwen’s mistakes cost some borrowers their homes

U.S. Consumer Debt Rises Overall, Housing Debt Drops

Medical Debt Cited As Leading Cause For Bankruptcy

A Glimpse Into the Consumer Bankruptcy Journal

Stephen Fairley, Rainmaker Institute, LLC

Image result for stephen fairley

Best selling author and CEO, Stephen Fairley understands how vital it is for legal professionals to connect with their clients so they can best serve them. In his article, “4 Ways Attorneys Can Connect with Today’s Legal Consumers,” he gives four concise tips on how to connect with consumers that is beneficial for them and for the growth of your firm.

Receive a $25 Amazon Gift Card!

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

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