Chapter 13

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

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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 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.

 

2016 Virtual Bankruptcy Workshop Session Highlight! Last Session Tomorrow!

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Friday, December 16th

2:00 PM-3:00 PM

Chasing the Elusive White Whale:Harpooning the Current Mortgage Issues You Have to Know
Presented by: Max Gardner, Esq. & John Rao, Esq.

Max and John will bring you up to date on loan modifications in and outside of bankruptcy, post-bankruptcy collection abuses after final cure, the new proof of claim attachment, catching servicers who misapply chapter 13 payments, new servicing regulations on monthly statements for debtors in bankruptcy, and more.

Register Today and Receive Recordings and Materials for Session 1 &2

About the Presenters:

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O. Max Garner III

O. Max Gardner III, Esq.Max is recognized as one of the leading lawyers in America in the area of Predatory Mortgage Servicing and the standing of Mortgage Servicers in consumer bankruptcy cases. His position on the front lines of the war against predatory lenders and mortgage servicers has captured the attention of ABC News Nightline, CNN, BusinessWeek, The New York Times, The Washington Post and many other news outlets across the country.Gardner received his undergraduate degree from the University of North Carolina at Chapel Hill in 1969 and graduated with high honors from the UNC School of Law in 1974. Among others, he was a member of the Law Review, named the Outstanding Law Graduate of 1974, served as President of the Student Bar Foundation and was elected to the Order of the Coif. Following graduation, he served as the Senior Law Clerk to the Hon. William H. Bobbitt, the late Chief Justice of the North Carolina Supreme Court, and as Senior Law Clerk to the Hon. William Copeland, an Associate Justice of that Court.

Max has been the lead attorney of record in many landmark cases but some of his most significant were Marshall v Spindale Savings & Loan, Stark v Crestar Mortgage, the Shelby Yarn Employees litigation, and Smith v First Union National Bank.

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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).

Bankruptcy News Briefs 12/13

Headlines Leading Into the Week…

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Consumers’ Outlook on Credit Availability Improves in November

A Former CFPB Insider’s Guide: Things to Consider before Responding to Your CFPB Complaints

Court Holds That Interest Reference in Dunning Letter is Not FDCPA Violation

Existence of Unpaid Tax Claim in Bankruptcy Opens the Door to Expanded Statute of Limitations on Fraudulent Conveyances

Five Ways CFPB Regulations Harm the Middle Class

BLOOMBERG LAW INSIGHTS: CFPB and Payment Processor Enforcement Actions

FICO Research: Average US Student Loan Debt Doubled in 10 Years

A Chart To Change How We Think About Student Loan Debt

Losses on Private Student Loans Hit Lowest Level Since 2008

Little Rock-area consumer debt tops in Fed region

Credit Card Debt Could Cause Next Financial Meltdown

Consumers Spending More, Risking More Debt This Holiday

Upcoming NACBA Events

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Registration is Open for 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 3rd, 2017 for savings!

Jump start by registering for tomorrow’s Webinar!

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Growing Your Bankruptcy Practice in 2017 and Beyond

Date: Wednesday, December 14, 2016
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 minutes)
Presenter: Richard James, CEO, Office of Richard James
Cost: No Cost to NACBA Members – Member Benefit

Register HERE

If you want to build a law firm that supports your lifestyle, instead of undermining it, then join Richard James on Wednesday, December 14th at 3 PM ET. If you want 2017 to be the year that you finally build the law firm of your dreams, then you have to be on this webinar training. Learn the key strategies that hundreds of Richard James’ clients are using to grow like never before. This is real world, in the trenches advice you can put to practice right away.

2016 Virtual Bankruptcy Workshop

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There’s still time to Register for the second session of the 2016 Virtual Bankruptcy Workshop on Friday, December 16th from 12:00 PM-3:00 PM. If you register you can request access to the session one recording from Friday, December 9th.

COST: $99 NACBA Members, $199 Non Members

INCLUDES:
All Materials, Certificate of Attendance, Seminar Recordings, Live Q&A

REGISTER HERE

Renew Your NACBA Membership

We want you to have access and the member rate to all of NACBA’s exciting upcoming events in 2017, especially our 25 year celebration at the Annual Convention. Take a moment today to Renew your membership or if your not a member of NACBA there is no better time to Join!

2016 Virtual Bankruptcy Workshop Session Highlight!

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Friday, December 9th

12:30 PM-1:30 PM ET

Even Cruisers Have Fears: Getting Over Your Triskaidekaphobia! Straight talk about Chapter 13
Presented by: Hank Hildebrand Esq. & John Rao, Esq.

Learn how to build a Chapter 13 practice. Plus learn recent developments in Chapter 13, creative uses of chapter 13 plans and creative plan terms, how to successfully litigate confirmation issues, when to challenge your Trustee and more.

More About the Presenters

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Hank Hildebrand
Mr. Hildebrand has served as Standing Trustee for Chapter 13 matters in the Middle District of Tennessee since 1982 and as Standing Chapter 12 Trustee for that district since 1986. He also is of counsel to the Nashville law firm of Farmer, Purcell, White and Lassiter, PLLC. Mr. Hildebrand graduated from Vanderbilt University and received his J.D. from the National Law Center of George Washington University. He is a fellow of the American College of Bankruptcy and serves on its Education Committee. He is Board Certified in consumer bankruptcy law by the American Board of Certification. He is Chairman of the Legislative and Legal Affairs Committee for the National Association of Chapter 13 Trustees (NACTT). In addition, he is on the Board of Directors for the NACTT Academy for Consumer Bankruptcy Education, Inc. Mr. Hildebrand has served as case notes author for The Quarterly, a newsletter dealing with consumer bankruptcy issues and Chapter 13 practice in particular, since 1991. He is a regular contributor to the American Bankruptcy Institute Journal. He is an adjunct faculty member for the Nashville School of Law and St. Johns University School of Law.

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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)

Register Today!

Did You Know There is a 2nd Bonus When You Register for NACBA’s 2016 Virtual Workshop?

There’s not just one but two bonuses when you register for the 2016 Virtual Bankruptcy Workshop on December 9th and 16th!  All attendees will be registered for a chance at winning 1 of 10 NCLC Consumer Bankruptcy Law & Practice 2016 Eleventh Edition (value $140). NACBA will be giving away ten (10) copies, at random, of the NCLC Consumer Bankruptcy Law & Practice 2016 Eleventh Edition.

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Inside of the Consumer Bankruptcy Law & Practice 2016 11th Edition you’ll have access to:

  • Everything you need to know about the all-new official forms effective December 2015—the forms filled in for sample chapter 7 and 13 cases, with extensive annotations and instructions.
  • The new April 1, 2016 dollar amounts updated in the chapters and the Code.
  • Analysis and pleadings concerning the new requirements for mortgage servicers submitting proof of claims.
  • Reprints of the Bankruptcy Code, additional bankruptcy statutes, the bankruptcy rules, fee schedules, bankruptcy regulations, director’s forms, and more.
  • Automatic stay, the bankruptcy discharge, and remedies for stay and discharge violations
  • Using bankruptcy to deal with a foreclosure
  • Exemptions, lien avoidance, and secured claims
  • Hidden fees and overcharges in creditor claims
  • Attorney fees
  • Litigating consumer cases in bankruptcy
  • Non-dischargeability actions
  • Creditor reaffirmation abuses
  • Consumers as creditors of bankrupt merchants, landlords, or lenders.

Register Today for Your Chance to Receive This Invaluable Resource!