Bankruptcy

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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Wendell Sherk Chosen for Roser Excellence in Bankruptcy Award

NACBA Member Wendell J. Sherk has been chosen to receive the 2014 Michael R. Roser Excellence in Bankruptcy Award from the Commercial Law Committee of The Missouri Bar. The Award will be presented at the American Bankruptcy Institute’s (ABI) Midwestern Bankruptcy Institute in Kansas City on October 17, 2014.

The Michael R. Roser Excellence in Bankruptcy Award is presented to an individual who manifests the highest standard of excellence in bankruptcy practice, who has contributed distinctively to the development and appreciation of bankruptcy law, and/or who has made an outstanding contributions in the field of bankruptcy administration or practice.

Wendell is a St. Louis attorney who graduated from Washington University in 1986 and Washington University School of Law in 1989.

He is the co-recipient of the first-ever Brauer Innovations in Bankruptcy Law Award in 2005.  He has also served as co-chair of the Bar Association of Metropolitan St. Louis Bankruptcy Committee, as well as numerous local rule and procedure committees with the bankruptcy court.  In the past he has represented bankruptcy trustees as well as creditors. He has co-written legislation improving the property exemptions for Missourians facing bankruptcy.

A regular speaker in national and state bar events, Wendell also founded the Debtors Attorneys of Metropolitan St. Louis (DAMSL) with Joseph A. Swope, Jr. They currently manage the DAMSL listserv as a cooperative effort of local attorneys representing consumer debtors in Eastern Missouri and Southern Illinois. Wendell is also active in the National Association of Consumer Bankruptcy Attorneys (NACBA) as well as NACBA’s listserv. He was a NACBA Member of the Month in 2007 and ranked among the top 3 consumer bankruptcy lawyers in the (completely unscientific) Missouri Lawyer’s Weekly “Best of…” Polls for 2007 and 2008.

He is a member of the St. Louis consumer law firm Sherk & Swope, LLC as well as the National Association of Consumer Bankruptcy Attorneys, the American Bankruptcy Institute, and the Missouri Bar.

His office: Sherk & Swope, LLC, 1620 South Hanley Road, St. Louis, Missouri 63144. His office number is 314.781.3400.

Bankruptcy Briefs 9/8/14

U.S. Personal Bankruptcy Filings to Drop to Lowest Level in 7 Years

A Bite. A Bankruptcy. A $100,000 Bill.

Schumer Anti-Inversion Tax Plan Could Reach Back to 1994

Smart money: Old bankruptcy shouldn’t impact new wife’s credit

A Fairer Shot for Student Debtors

Geoffrey Edelsten faces losing multiple properties, shares and cars as U.S bankruptcy trustee chases him for debts of more than $50 million

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Bankruptcy Briefs 9/7/14

The Broke and the Beautiful: Almost Over Edition

Lights, Camera, Bankruptcy

Shane Filan back in black after bankruptcy with autobiography and Asia Tour

Bridgeport mayor facing drug charge files for bankruptcy

Turner Grain President Dale Bartlett Files for Bankruptcy

A Plan to Fix All of America’s Detroits

5 things to know about Milwaukee church bankruptcy

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Bankruptcy Briefs 9/5/14

Better Business Bureau warns Arizona consumers about student loan consolidation service

Elizabeth Warren, in spotlight, hits ‘Late Show With David Letterman’

Judge dismisses Argosy bankruptcy case

Discussion of recent law suits filed by the Illinois Attorney General against two major student loan providers.

Tomball woman accused of hoarding collies appears in bankruptcy court

Detroit’s Bankruptcy Judge Challenges Major Creditors

AriZona iced tea brand co-founders make final pitch in NY trial

Tucson attorney appointed as federal bankruptcy judge

Mistakes to Avoid When Contemplating Bankruptcy

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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 9/4/14

CFPB Ramps Up Scrutiny of Credit-Card Issuers

Federal Program Helps Keep Some Delinquent Borrowers in Their Homes

Who is Judge Steven Rhodes?

Were You Foreclosed on in North Carolina? You May Be Owed Money!

Developer Jack Antaramian’s company files for bankruptcy protection

Detroit’s historic bankruptcy trial to begin

Leafs Ice Center bondholders could lose big from bankruptcy plan

Trump Taj Mahal May Be Headed for Bankruptcy

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Bankruptcy Briefs 9/3/14

How Can I Get Rid of My Private Student Loans if I’m Disabled?

Is It Too Late For Bankruptcy?

Banks Face More Oversight of Ability to Weather Credit Crunch

Amusement park trustees hire bankruptcy attorney

Judge denies hold-out Detroit creditor motions to block evidence

No Unfinished-Business Fees for Coudert: Business of Law

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