Chapter 13

NACBA25 Highlight

 

Another Awesome Session at NACBA25!

This panel consisting of Sarah Bolling Mancini, Michelle Kainen with moderator Greta LaMountain Biagi will delve into the most recent case law enforcing and interpreting Rule 3002.1 to deal with mortgage cure issues, including the PHH Mortgage decision (litigated by panelist Michelle Kainen) in which the Bankruptcy Court of Vermont imposed a $375,000 sanction for the creditor’s repeated failure to comply with Rule 3002.1 in three chapter 13 cases. We will also discuss recent cases in which chapter 13 trustees have sought denial of the discharge based on post-petition mortgage payment defaults identified through Rule 3002.1 notices. The panel will also highlight recent (and proposed) changes to the rule.
Presenters
avatar for Michelle Kainen
Michelle Kainen was admitted to practice in Vermont in 2003 and in New Hampshire in 2008. Michelle has been a solo practitioner since 2007. She practices in the areas of tax, criminal defense and bankruptcy law (debtor representation). Michelle received her B.A. in Psychology from San Diego State University. Michelle received her Masters Degrees in Social Work and Accounting also from San Diego State University. She completed Vermont’s Four-Year Law Office Study Program in lieu of a traditional law school program. From 2008 – 2012 Michelle served as the chairperson of the Bankruptcy Section of the Vermont Bar Association. She is the NACBA State Chairperson for Vermont. Michelle also teaches Accounting and Psychology courses at the Community College of Vermont. Michelle has a number of published decisions on pivotal issues impacting the rights of debtors in bankruptcy.
avatar for Sarah Mancini
Sarah Bolling Mancini is Of Counsel for NCLC half-time, focusing on foreclosures and mortgage lending, and works half-time as an attorney in the Home Defense Program of Atlanta Legal Aid. She has experience representing homeowners in bankruptcy cases and litigating in state, federal district, and bankruptcy courts. She also clerked for the Honorable Amy Totenberg, U.S. District Court for the Northern District of Georgia. Sarah is a member of the Georgia Bar. She received her B.A. in public policy from Princeton University and her J.D. from Harvard Law School.

Bankruptcy News Briefs 3/24

CFPB fines Experian $3 million for lying about consumers’ credit scores

Advocates Applaud CFPB for Enforcement Action against Experian for Deceptive Marketing of Credit Scoring Products

FCC Adopts Proposed Rules and a Notice of Inquiry on Blocking Unlawful Robocalls

Consumer Spending Slows Since December

TG to Continue its No-Collection-Fee Practice for Borrowers Agreeing to Loan Rehabilitation or Repayment within 60 Days of Default

CFPB preps to review major mortgage rules

The New Administration’s Plans for the CFPB Take Shape

Portfolio Recovery hit with debt collection lawsuit

Study: 73% of consumers die with outstanding debt

The Latest–And Surprising–Victims of the Student-Loan Debt Crisis: Older Americans

Supreme Court Narrows Use of Structured Dismissals

Flagstar’s Dual Tracking of Chapter 13 Debtor Violated the Automatic Stay and RESPA; Disclaimer did Not Save Servicer

Upcoming NACBA Events

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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!

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!

 NACBA Membership Promotion!

Renew your membership this month 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

NACBA25 Fireside Highlight

 

Join Tom Martin, with National Auto Brokerage Service in his Fireside Chat, “Automotive Lending While In Chapter 7 & Chapter 13,” where he will discuss what lenders are looking for in determining a good risk and how that helps your clients rebuild a new credit portfolio.

avatar for Tom Martin

Tom Martin

National Auto Brokerage Services

Tom Martin has been in the automotive retail business since 1995 and has spent most of his time working with sub-prime borrowers. In 2003 he took a small country dealership and increased used car sales by 200% by marketing to open bankruptcy customers. In his 7 years he was there he assisted in selling over 5000 retail auto transactions with 75% coming from customers that were involved with an open bankruptcy. Tom is passionate with his clientele and determined to get the best possible terms and conditions for his customer. He has assisted with many of those customers continually re-build their credit and help them with re-financing and increase credit scores.
In 2012, Tom brought his program to his current dealership and helped found National Automotive Brokerage Services. Although at first the company concentrated on marketing to insurance companies for total loss replacement and they implemented the open bankruptcy segment with Tom’s leadership that is giving them national recognition for the company. The concept is to partner with bankruptcy attorneys to help their clients make better decisions when it comes to their transportation needs.

In 2013, Tom founded My Credit Helpers, Inc. which is a company that helps his clients and many others to assist in the re-building process by providing credit restoration, student loan modifications and many other tools needed to completely recover from bankruptcy. He goes the extra steps because purchasing a car isn’t enough when it comes to re-establishing credit. The last part the client should do is the credit restoration. Tom has seen unbelievable results in helping clients improve their credit score from 100-175 points just months after discharge. Tom also wants to help for those needing assistance in student loan modifications which is becoming a major part of the decision making for an auto loans.

Tom is determined to help as many customers that are going through which is the same thing he went through many years ago from a divorce and he believes his customers should receive the same treatment no matter what their situation is. With his trial and error, Tom will show the different steps for anyone who is interested of re-building credit at a faster rate.

Register for #NACBA25 Today!

NACBA25 Highlight

In an increasing number of cases, a Chapter 11 may be a better option for your client than a Chapter 13. Join Dan Press and Brett Weiss as they compare Chapter 13 and Chapter 11, talk about identifying potential issues, and offer strategies to help you discuss Chapter 11 with your client.
Your Presenters
Dan Press
avatar for Dan Press
Daniel Press practices primarily bankruptcy and intellectual property law. A magna cum laude graduate of Georgetown University Law Center, he was an editor of the Georgetown Law Journal. He received his B.A. from The Johns Hopkins University. After graduating from law school, Mr. Press served as a judicial law clerk for Judge Jaime Pieras Jr. in the U.S. District Court for the District of Puerto Rico. Mr. Press, along with Brett Weiss, are the authors of the leading book on Chapter 11 bankruptcy for individuals, entitled Chapter 11 for Individual Debtors, a Collier Monograph.

Mr. Press practices primarily in the Bankruptcy and Federal District Courts in Maryland, the District of Columbia, and the Eastern and Western Districts of Virginia, as well as other U.S. Appellate, District and Bankruptcy Courts around the country. He is a State Chair for the National Association of Consumer Bankruptcy Attorneys, a member of the Section Council of the Consumer Bankruptcy Section of the Maryland State Bar Association, and the Education Director of the Consumer Committee of the American Bankruptcy Institute. In addition to teaching Individual Chapter 11 Bankruptcy through Max Gardner’s Bankruptcy Bootcamps, he is a regular speaker on bankruptcy and related topics at seminars and programs locally and nationwide sponsored by groups such as NACBA, the Virginia Bar Association, Virginia CLE, the Maryland State Bar Association, Minnesota CLE, and the Bankruptcy Bar Association for the District of Maryland.

Brett Weiss

avatar for Brett Weiss

Brett Weiss, a senior partner at Chung & Press, LLC, has been representing people and businesses in all phases of bankruptcy for over 25 years. He has experience in com¬plex individual Chapter 7, Chapter 11 and Chapter 13 bankruptcy cases, and in Chapter 11 small business restructuring and reorganization. Mr. Weiss lectures nationally on bankruptcy issues. He has spoken before the National Conference of Bankruptcy Judges, and is a regular speaker before the National Association of Consumer Bankruptcy Attorneys, the Maryland Bankruptcy Bar Association and Maryland State Bar Association. He has testified before the Federal Bankruptcy Rules Committee and has twice testified before Congress on bankruptcy and credit issues. Brett Weiss is the co-author of “Individual Bankruptcy Under Chapter 11” for LexisNexis, and has written “Not Dead Yet: Bankruptcy After BAPCPA,” for the Maryland Bar Journal, as well as hundreds of blogs for the Bankruptcy Law Network.

Mr. Weiss has received international media attention in connection with his work. He was interviewed by Barbara Walters on The View, has appeared on the Today Show, Good Morning America, ABC News with Peter Jennings, the Montel Williams Show, NPR, AARP-TV, the BBC World Service, German state television, and numerous local radio and television programs, and been quoted in Money magazine, The Washington Post and The Baltimore Sun, among others. Brett Weiss is the Maryland State Chair for the National Association of Consumer Bankruptcy Attorneys, a founding member of the Bankruptcy Law Network, on the board of the Maryland State Bar Consumer Bankruptcy Council, and a member of the American Bankruptcy Institute, the Bankruptcy Bar Association of Maryland, and the Civil Justice Network. He has been recognized as a “Super Lawyer” every year since 2007 for Maryland and the District of Columbia, and in 2011 received the Distinguished Service Award from the National Association of Consumer Bankruptcy Attorneys for his work on behalf of consumers across the country. Mr. Weiss is admitted to practice before Maryland and District of Columbia federal and state courts, the United States Courts of Appeals for the DC and Fourth Circuit, The United States Tax Court, and the Supreme Court of the United States, and has been practicing law since 1983.

Register Today and Celebrate NACBA25! 

Bankruptcy News Briefs 2/22

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BAP Takes Realistic Approach to Undue Hardship Analysis

Court Holds Collection Calls to a Wrong Person’s Home Phone are not a TCPA Violation

Industry Group Tells CFPB to Support Consumer’s Right to Financial Data Access; Don’t Forget Accounts in Collection!

Bill Seeks Changes in CFPB Funding Source

Can this small Texas bank jump in on PHH’s fight with the CFPB?

The CFPB has a database with 700,000 consumer complaints

Consumer alleges debt collector broke law

All bills targeting student debt fail this session

Stanislaus Credit Control accused of attempting to collect discharged debt

Federal Reserve Bank Of New York: Consumer Credit Is Deteriorating

Bankruptcy Is Not A Borrower Antidote For Loan “Default Interest”

Individual States Try to Address Student Debt

Student Loan Debt Still Tops Credit Card Debt In America

Upcoming NACBA Events

nacba25

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 for the Early Bird Rate that ends March 17th, 2017 for savings!

Save the Date! New NACBA Webinar in  March

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What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Registration opens soon

 

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!

 NACBA Membership Promotion!

Renew your membership this month 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 January 2017 through July 2017. Renew Today!

 

 

 

#NACBA25 Highlight

Fireside Chats Are Back!

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Fireside Chats are a perfect opportunity for attendees to gather with their peers to ‘chat,’ about topics, share ideas, and ask questions in a more intimate setting. We are excited to announce the #NACBA25 Fireside Chat lineup and presenters:

  • Ask the Evidence Professor: Presenters John Cantrell and Professor Edward Imwinkelried
  • Strategies for Dealing with Overreaching Trustees: Presenters Paul Maschmeyer and Richard Nemeth
  • Protecting Your (Haunted) Mansion From Forced Surrender: Presenters Chuck Moore and Jeff Tromberg
  • How to Locate Your Client’s Hidden Treasure of the 7 (or 13) Seas: Presenters: Alex Dolhancyk and Jeff Tromberg

Visit the full schedule for #NACBA25 for a full description with the date, time and place! Get ready for some great conversation!

Hot Off the Press! The 2016 Winter Edition of the Consumer Bankruptcy Journal!

Read the Winter Edition of NACBA’s Consumer Bankruptcy Journal

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2016…What a year it has been! So many changes, surprises and more. Now it’s time to kick and back wait for 2017 to roll in, but while you’re waiting read the latest winter edition of the Consumer Bankruptcy Journal. Here’s what you can expect:

  • #NACBA25: Is Your Business a Force to Be Reckoned With?
  • 8 Proven Steps to Double Your Referrals
  • The Gap Between Judges and Attorneys Over Fees
  • The Private Right of Action
  • NCBRC Cases in Review
  • NACBA Takes on 11th Circuit Judicial Estoppel Doctrine
  • Business From Chapter 7 Bankruptcy Estate

There’s much more so make sure you  take a few minutes to read these timely and relevant articles brought to you in this month’s CBJ.