Bankruptcy

Bankruptcy News Briefs 10/27

In Today’s News…

Debt Collector’s Voicemail Requesting Return Call From Payroll Department Not Impermissible Third-Party Communication Under FDCPA

Survey: Consumers Holiday Spending Reports Reach 14-Year High

Cautionary Tale: Pro Se Debtor Stuck with Reaffirmation Agreement

October 2015: Bankruptcy & Restructuring Litigation Update

Third Circuit Provides Gifting Guidance in § 363 Sales

2014 Graduates Had Highest Student Loan Debt Ever

The average student loan debt grew 56% over the past 10 years

CFPB proposes big step forward with curbs on forced arbitration

COME SAIL AWAY! SAVE THE DATE FOR NACBA’s SUMMIT AT SEA!

NACBA is pleased and excited to announce the return of our Members-Only Fall Event! On October 7-10, 2016 prepare to set sail on NACBA’s maiden voyage at sea! The Summit at Sea will offer education on a variety of topics that you will not want to miss. NACBA encourages you to bring the family too! The schedule and speakers will be announced shortly.

Check Out These Upcoming Webinars!

REGISTER TODAY!

Modernized” Bankruptcy Forms Webinar
Thursday, November 19, 2015
3:00 PM ET/ 2:00 PM CT/1:00 PM MT/12:00 PM PT
Presented by: Norma Hammes, Esq., Carey Ebert, Esq., (United States Chapter 7 & 13 Trustee) &Walter Oney, Esq.

Description: Full overview on what Official Bankruptcy Forms will be replaced with substantially revised, reformatted and renumbered versions effective December 1, 2015. Register Today!

Beyond Confidentiality: Bankruptcy Attorneys and Security Best Practices,
Wednesday, December 9, 2015
3:00 PM Eastern /2:00 PM Central / 1:00PM Mountain / 12:00 PM Pacific,
Presented by: Catherine Sanders Reach, Director, Law Practice Management & Technology, Chicago Bar Association
Registration is Open!

Encumbered Property
Tuesday, December 15, 2015
3 PM Eastern / 2PM Central / 1PM Mountain / 12 PM Pacific
Presented by: Hon. Eugene R. Wedoff & Tara Twomey, Esq.
Registration is Open!

THE 24th ANNUAL NACBA CONVENTION IS AROUND THE CORNER!

Save the date we’re heading to the golden coast! Join us in San Francisco, CA on May 19-22, 2016 at the Downtown Marriott Marquis for another dynamic NACBA Convention packed with sessions, speakers and networking opportunities you won’t want to miss!

BENEFIT SPOTLIGHT

Fastcase Legal Research

NACBA members receive FREE, as part of their membership, access to Fastcase’s bankruptcy database. In addition, NACBA members are eligible to purchase Fastcase’s “Premium Plan,” which includes access to a database of opinions of the supreme courts and courts of appeal of all 50 states, at an annual rate of just $195. This is a significant discount from the non-member annual price of $995.

NACBA Membership

Make sure you can take advantage of your NACBA benefits by Renewing your NACBA membership. Not a member consider Joining and take advantage of the educational opportunities, networking and benefits NACBA offers!

Receive the Bankruptcy News Briefs Automatically! Subscribe to NACBA NOW Today!

Bankruptcy News Briefs 10/26

Check Out This Week’s Headlines…

Court Puts TCPA Case Filed Against Member On Hold Until D.C. Circuit Rules In ACA’s TCPA Appeal Against FCC

Members of Congress Push to Ban Social Security Garnishment for Student Loan Debt

New Call Data to be Released as Part of an FCC Effort Could Harm Legitimate Businesses and Prevent Consumers from Receiving Important Information

CFPB Consumer Advisory Board Discusses Proposed Arbitration Overhaul

FTC Bans Scammers from Advance Fee Recovery Business

Why Student Loans Are So Difficult To Discharge In Bankruptcy

Could Social Security be immune from student loan debt collection?

Republican Lawmakers Blast CFPB for Investigation Involving Accreditor

Washington AG Resolves Debt Collection, Deceptive Advertising Probe

Check Out These Upcoming Webinars!

REGISTER TODAY!

Description: Full overview on what Official Bankruptcy Forms will be replaced with substantially revised, reformatted and renumbered versions effective December 1, 2015. Register Today!

Encumbered Property
Tuesday, December 15, 2015
3 PM Eastern / 2PM Central / 1PM Mountain / 12 PM Pacific
Presented by: Hon. Eugene R. Wedoff & Tara Twomey, Esq.
Registration is Open!

COME SAIL AWAY! SAVE THE DATE FOR NACBA’s SUMMIT AT SEA!

THE 24th ANNUAL NACBA CONVENTION IS AROUND THE CORNER!

Save the date we’re heading to the golden coast! Join us in San Francisco, CA on May 19-22, 2016 at the Downtown Marriott Marquis for another dynamic NACBA Convention packed with sessions, speakers and networking opportunities you won’t want to miss!

BENEFIT SPOTLIGHT

NACBA is proud partner with Arthur J. Gallagher & Co., one of the world’s leading insurance brokerages and risk management firms. Check out the three different types of insurance they are offering:

Discovery Health Exchange
Sure Path Identity Theft
Lawyers Professional Liability and Business Insurance

Visit NACBA’s Membership Benefits section to learn more about each of these insurance and who you can contact to receive more information.

NACBA Membership

Receive the Bankruptcy News Briefs Automatically! Subscribe to NACBA NOW Today!

Bankruptcy News Briefs 10/23

Making News This Friday…

Sprint Settles Fair Credit Reporting Act Allegations

Credit Risk Returns to Regulatory Spotlight

Large Q3 Drop in Seriously Underwater Properties

CFPB Consumer Advisory Board Discusses Proposed Arbitration Overhaul

Consumer Credit Default Indices Decrease in September

FCC Will Now Publicly Post Unverified Robocall Complaint Data

Sen. Chuck Schumer Calls out Feds for Charging High Interest on Debt

Pernicious Scam Targets Bankruptcy Filers

COME SAIL AWAY! SAVE THE DATE FOR NACBA’s SUMMIT AT SEA!

NACBA is pleased and excited to announce the return of our Members-Only Fall Event! On October 7-10, 2016 prepare to set sail on NACBA’s maiden voyage at sea!The Summit at Sea will offer education on a variety of topics that you will not want to miss. NACBA encourages you to bring the family too! The schedule and speakers will be announced soon.

NACBA WEBINARS

November Webinars

Modernized” Bankruptcy Forms Webinar
Thursday, November 19, 2015
3:00 PM ET/ 2:00 PM CT/1:00 PM MT/12:00 PM PT
Presented by: Norma Hammes , Esq., Carey Ebert , Esq., (United States Chapter 7 & 13 Trustee) &Walter Oney , Esq.

Description: Full overview on what Official Bankruptcy Forms will be replaced with substantially revised, reformatted and renumbered versions effective December 1, 2015. Register Today!

24th ANNUAL NACBA CONVENTION

Save the date we’re heading to the golden coast! Join us in San Francisco, CA on May 19-22, 2016 at the Downtown Marriott Marquis for another dynamic NACBA Convention.

NACBA Membership

Receive the Bankruptcy News Briefs Automatically! Subscribe to NACBA NOW Today!

Bankruptcy News Briefs 10/22

Today’s Hot Topics

Credit Risk Returns to Regulatory Spotlight

Federal Lawsuit Accuses City of Jailing Debtors

Ohio Collection Agency Could Pursue $160M in Tennessee Debt

Survey: Millennials Less Likely to Consider Impact of Financial Events on Credit

Downturn in Debt Collection Complaints and Litigation Continues

Third Circuit Affirms Bad Faith Involuntary Bankruptcy Dismissal, Increasing Risk of Punitive Damages

NACBA WEBINARS

November 19th Webinar

Modernized” Bankruptcy Forms Webinar
Thursday, November 19, 2015
3:00 PM ET/ 2:00 PM CT/1:00 PM MT/12:00 PM PT
Presented by: Norma Hammes , Esq., Carey Ebert , Esq., (United States Chapter 7 & 13 Trustee) &Walter Oney , Esq.

Description: Full overview on what Official Bankruptcy Forms will be replaced with substantially revised, reformatted and renumbered versions effective December 1, 2015. Register Today!

24th ANNUAL NACBA CONVENTION

Save the date we’re heading to the golden coast! Join us in San Francisco, CA on May 19-22, 2016 at the Downtown Marriott Marquis for another dynamic NACBA Convention.

COME SAIL AWAY! SAVE THE DATE FOR NACBA’s SUMMIT AT SEA!

NACBA is pleased and excited to announce the return of our Members-Only Fall Event! On October 7-10, 2016 prepare to set sail on NACBA’s maiden voyage at sea!The Summit at Sea will offer education on a variety of topics that you will not want to miss. NACBA encourages you to bring the family too! The schedule and speakers will be announced soon.

NACBA MembershipIR

Receive the Bankruptcy News Briefs Automatically! Subscribe to NACBA NOW Today!

Bankruptcy News Briefs 10/19

Find Out What’s Making Headlines Today?

Portfolio Recovery Associates Faces Class-Action Lawsuit

Bankruptcy Reform Worked, But Didn’t Go Far Enough

Consumer Confidence Stalls Amid Concerns About Greater Economy

Obama Administration Announces Support of Automated Calls to Student Loan Borrowers

CFPB Student Loan Ombudsman Issues Fourth Annual Report on Student Loans

CFPB Issues Final HMDA Expansion Rule

Third Circuit Reverses District Court Order in TCPA “Called Party” Case Against Bank of America

Upcoming NACBA Events

“3 DAYS LEFT TO REGISTER FOR NACBA’S FALL WORKSHOP!!!”

Student Loans in Bankruptcy Virtual Fall Workshop

October 22-23rd 2015
12:00 PM Eastern to 3:00 PM Eastern
$199.00 NACBA Members
$349.00 Non-Members
Visit the Workshop Agenda for a complete list of speakers.
Register Here

November 19th Webinar

Modernized” Bankruptcy Forms Webinar
Thursday, November 19, 2015
3:00 PM ET/ 2:00 PM CT/1:00 PM MT/12:00 PM PT
Presented by: Norma Hammes , Esq., Carey Ebert , Esq., (United States Chapter 7 & 13 Trustee) & Walter Oney , Esq.

Description: Full overview on what Official Bankruptcy Forms will be replaced with substantially revised, reformatted and renumbered versions effective December 1, 2015. Register Today!

24th ANNUAL NACBA CONVENTION

Save the date we’re heading to the golden coast! Join us in San Francisco, CA on May 19-22, 2016 at the Downtown Marriott Marquis for another dynamic NACBA Convention.

COME SAIL AWAY! SAVE THE DATE FOR NACBA’s SUMMIT AT SEA!

Your NACBA MEMBERSHIP IS AN INVESTMENT IN YOU!

Are you utilizing all the benefits that NACBA offers? Take a moment to review what your NACBA Membership offers you, visit Membership Benefits for the comprehensive list of perks you get as a member. Make sure your NACBA Membership is active, Renew today! If you are not a member consider Joining and take advantage of the educational opportunities, the ability to network with your peers and comprehensive benefits NACBA offers!

Receive the Bankruptcy News Briefs Automatically! Subscribe to NACBA NOW Today!

Bankruptcy Filers Beware: Con-Artists Posing As Attorneys

Telephone-Scam Soliciting Wire Transfers Prompts NACBA and Vermont Attorney General to Issue Consumer Warning

Across the country, consumers are falling prey to a new scam targeting people who have filed for bankruptcy and others just getting started with the process. Bankruptcy attorneys are joining forces with public officials to sound the alarm bell to unsuspecting consumers.

The con artists are using software that “spoofs” the Caller ID system so that the call appears to be originating from the phone line of the consumer’s bankruptcy attorney. Victims of the scam are being instructed to immediately wire money to satisfy a debt that supposedly is outside the bankruptcy proceeding. Some consumers have been threatened with arrest if they fail to wire money to pay the debt.

In some instances, the perpetrators are using personal information from public filings to identify consumers, assume the identity of their attorneys and sound more convincing by phone. These calls are typically placed during non-business hours, making it difficult for clients to verify the call by getting in touch with their attorney to ask about it.

The National Association of Consumer Bankruptcy Attorneys (NACBA) and its individual members want consumers to know that under no circumstance would a bankruptcy attorney or staff member telephone a client and ask for a wire transfer immediately to satisfy a debt. Nor would the bankruptcy attorney and staff ever threaten arrest if a debt isn’t paid.

Consumers should be advised that legitimate debt collectors and agencies cannot threaten arrest in order to satisfy. If you or a family member receive this kind of call, the best thing to do is to hang up and contact your bankruptcy attorney as soon as possible. Do NOT give out any personal or financial account information to the caller.

Bankruptcy News Briefs 10/14

In the News…

Research Shows Recovery in Consumer Confidence

Check by Phone Payments Still Cause Legal Headaches for Debt Collectors

Auto lender fined for illegal debt collection

CFPB Bulletin Cautions That Marketing Services Agreements Often Violate RESPA

Consumers Keep Up Spending Growth

NACBA’s 2016 FALL WORKSHOP

Come Sail Away! Save the Date for NACBA’s Summit at Sea!

NACBA is pleased and excited to announce the return of our Members-Only Fall Event! On October 7-10, 2016 prepare to set sail on NACBA’s maiden voyage at sea!The Summit at Seawill offer education on a variety of topics that you will not want to miss. NACBA encourages you to bring the family too! The schedule and speakers will be announced soon.

Don’t Miss These Upcoming NACBA Events

ENTER TO WIN! FREE ADMISSION TO THE FALL VIRTUAL WORKSHOP

Visit NACBA Facebook for chance at winning FREE admission to Student Loans in Bankruptcy Workshop and a NACBA Prize Package! Enter by October 16, 2015.

REGISTER TODAY FOR NACBA’S FALL WORKSHOP

Student Loans in Bankruptcy Virtual Fall Workshop

October 22-23rd 2015
12:00 PM Eastern to 3:00 PM Eastern
$199.00 NACBA Members
$349.00 Non-Members
Visit the Workshop Agenda for a complete list of speakers.
Register Here

24th ANNUAL NACBA CONVENTION

Save the date we’re heading to the golden coast! Join us in San Francisco, CA on May 19-22, 2016 at the Downtown Marriott Marquis for another dynamic NACBA Convention.

Keep Your NACBA Status Active!

Your NACBA Membership is an investment in you! Renew your membership today!

Not a member of NACBA? Join NACBA and take advantage of education opportunities, the ability to network with your peers and comprehensive benefits!

Receive the Bankruptcy News Briefs Automatically! Subscribe to NACBA NOW Today!

Bankruptcy News Briefs 10/13

Catch Up with The News..

Latest Fraudulent Debt Collection Scam Reaches Nebraska

CFPB Reports on Student Loan Servicer Failures

Flurry of FCRA Complaints Recently Filed in Nevada Courts

Loan reforms protect students

Statutory Liabilities in Debt-Collection Practices

NACBA’s 2016 FALL WORKSHOP

Come Sail Away! Save the Date for NACBA’s Summit at Sea!

Don’t Miss These Upcoming NACBA Events

ENTER TO WIN! FREE ADMISSION TO THE FALL VIRTUAL WORKSHOP

Visit NACBA Facebook for chance at winning FREE admission to Student Loans in Bankruptcy Workshop and a NACBA Prize Package! Enter by October 16, 2015.

October Schedule

Student Loans in Bankruptcy Virtual Fall Workshop

October 22-23rd 2015
12:00 PM Eastern to 3:00 PM Eastern
$199.00 NACBA Members
$349.00 Non-Members
Visit the Workshop Agenda for a complete list of speakers.
Register Here

November Schedule

Modernized” Bankruptcy Forms Webinar
Thursday, November 19, 2015
3:00 PM ET/ 2:00 PM CT/1:00 PM MT/12:00 PM PT
Presented by: John Rao, Esq., NACBA Board of Directors and attorney with the National Consumer Law Center
Description: Full overview on what Official Bankruptcy Forms will be replaced with substantially revised, reformatted and renumbered versions effective December 1, 2015.

More information coming soon…

December Schedule

More Info Coming Soon…

24th ANNUAL NACBA CONVENTION

Save the date we’re heading to the golden coast! Join us in San Francisco, CA on May 19-22, 2016 at the Downtown Marriott Marquis for another dynamic NACBA Convention.

Stay On Top of Your NACBA Status

Your NACBA Membership is an investment in you! Renew your membership today!

Join NACBA to take advantage of education opportunities , the ability to network with your peers and comprehensive benefits!

Receive the Bankruptcy News Briefs Automatically! Subscribe to NACBA NOW Today!

Bankruptcy News Briefs 10/9

It’s Friday! Check Out Today’s Headlines…

Lawsuit Accuses County of Jailing People for Delinquent Court Fines

Strict Lending Law Upheld by State’s Supreme Court

Consumer Loan Delinquencies Decline in Second Quarter

Overall Uptick in Consumer Borrowing Continues in August

This Court Case Could Unshackle Americans From Student Debt

Loan Servicers Didn’t Create The Student Loan Debt Crisis, But They Can Help Solve It

Court case could free bankruptcy courts to forgive some student debts

NACBA’s 2016 FALL WORKSHOP

Need a Vacation? Need some CLE? Members Can Have it All Aboard NACBA’s Summit at Sea!

NACBA is pleased and excited to announce the return of our Members-Only Fall Event! Mark your calendars for October 7-10, 2016 and prepare to set sail on NACBA’s maiden voyage at sea!The Summit at Sea will offer education on a variety of topics that you will not want to miss. Schedule and speakers will be announced soon.

Don’t Miss These Upcoming NACBA Events

Enter to Win!

Visit NACBA Facebook for chance at winning FREE admission to Student Loans in Bankruptcy Workshop and a NACBA Prize Package! Enter by October 16, 2015.

October Schedule

Student Loans in Bankruptcy Virtual Fall Workshop

October 22-23rd 2015
12:00 PM Eastern to 3:00 PM Eastern
$199.00 NACBA Members
$349.00 Non-Members
Visit the Workshop Agenda for a complete list of speakers.
Register Here

November Schedule

Modernized” Bankruptcy Forms Webinar
Thursday, November 19, 2015
3:00 PM ET/ 2:00 PM CT/1:00 PM MT/12:00 PM PT
Presented by: John Rao, Esq., NACBA Board of Directors and attorney with the National Consumer Law Center
Description: Full overview on what Official Bankruptcy Forms will be replaced with substantially revised, reformatted and renumbered versions effective December 1, 2015.

More information coming soon…

December Schedule

Beyond Confidentiality: Bankruptcy Attorneys and Security Best Practices,
Wednesday, December 9, 2015
3:00 PM Eastern /2:00 PM Central / 1:00PM Mountain / 12:00 PM Pacific,
Presented by: Catherine Sanders Reach, Director, Law Practice Management & Technology, Chicago Bar Association

More Info Coming Soon…

24th ANNUAL NACBA CONVENTION

Save the date we’re heading to the golden coast! Join us in San Francisco, CA on May 19-22, 2016 at the Downtown Marriott Marquis for another dynamic NACBA Convention.

Your NACBA Membership Is An Investment In You

Discovery Health Exchange
Sure Path Identity Theft
Lawyers Professional Liability and Business Insurance

Visit NACBA’s Membership Benefits section to learn more about each of these insurance and who you can contact to receive more information.

Stay On Top of Your NACBA Status?

Your NACBA Membership is an investment in you! Renew your membership today!

Join NACBA to take advantage of education opportunities , the ability to network with your peers and comprehensive benefits!

Receive the Bankruptcy News Briefs Automatically! Subscribe to NACBA NOW Today!

Bankruptcy News Briefs 10/8

Making Headlines…

Consumer Credit Hits New Record Amid Slow Growth

CFPB Plan Would All But Ban Arbitration Clauses

Fraudulent Debt Collection Scam Reported in Minnesota

Convenience Fees at Heart of Debt Collection Settlement

CFPB Takes Aim at Corporate Get-Out-of-Jail Cards

Joint Tenancy: What Happens When a Joint Tenant’s Interest Becomes Part of the Bankruptcy Estate?

Democrats push ‘Higher Ed, Lower Debt’ bill at hearing

Student Debt Is Worse Than You Think

NACBA’s 2016 FALL WORKSHOP

Need a Vacation? Need some CLE? Members Can Have it All Aboard NACBA’s Summit at Sea!

Don’t Miss These Upcoming NACBA Events

October Schedule

Enter to Win!

Visit NACBA Facebook for chance at winning FREE admission to Student Loans in Bankruptcy Workshop and a NACBA Prize Package! Enter by October 16, 2015.

Student Loans in Bankruptcy Virtual Fall Workshop
October 22-23rd 2015
12:00 PM Eastern to 3:00 PM Eastern
$199.00 NACBA Members
$349.00 Non-Members
Visit the Workshop Agenda for a complete list of speakers.
Register Here

November Schedule

More information coming soon…

December Schedule

More Info Coming Soon…

24th ANNUAL NACBA CONVENTION

Save the date we’re heading to the golden coast! Join us in San Francisco, CA on May 19-22, 2016 at the Downtown Marriott Marquis for another dynamic NACBA Convention.

Your NACBA Membership Is An Investment In You

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.

Stay On Top of Your NACBA Status?

Your NACBA Membership is an investment in you! Renew your membership today!

Join NACBA to take advantage of education opportunities , the ability to network with your peers and comprehensive benefits!

Receive the Bankruptcy News Briefs Automatically! Subscribe to NACBA NOW Today!