Chapter 13

Bankruptcy News Briefs 5/25

FCC’s Consumer Advisory Committee Adopts “Unwanted Robocalls” Recommendation

FTC and State of Florida Put Kibosh on Huge Debt Relief Scam

Court order shuts down 11 debt settlement companies

Trump Proposes to Eliminate CFPB Budget, Give Congress Choice to Fund

Court to Consider Constitutionality of CFPB in PHH v CFPB

TIGTA keeping an eye on IRS private debt collectors

Getting Rid Of Stale Debt

Suit alleges Georgia-based debt collector attempted to collect payment fees

Customer accuses debt collector of state violations

Another court case puts the CFPB in danger

Judges Mull Future of Consumer Financial Protection Bureau

7 Things To Know About Old Debt After Recent Supreme Court Ruling

PUERTO RICO IS BANKRUPT: IS THE WORST YET TO COME?

Banks Aren’t Worried That More Credit-Card Loans Are Souring

Nonprofit Guidewell Financial Solutions says, “Two major credit scoring changes may affect consumers in 2017”

Trump’s budget seeks to eliminate one major benefit of federal student loans that costs billions

Learn How Your Firm Can Break The 7 Figure Barrier in June’s Upcoming Webinar!

Building a 7-Figure Lifestyle Law Firm: Moving from a Busiess Operator to a Business Owner
Date: Thursday, June 1, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, The Rainmaker Institute
Cost: No Fee – NACBA Member Benefit

There are 3 stages every law firm goes through to break the 7-figure barrier. At each stage there are different challenges that must be faced and overcome to grow to the next level. Since 1999, The Rainmaker Institute has trained over 18,000 attorneys and helped hundreds of their clients break 7-figures. If you’ve struggled to scale to a million dollars or more in your law firm you need to attend and discover:

  • What are the 5 key challenges you must face to grow to the next level
  • How to go from being an business operator to a business owner
  • The 10 major parts of every successful law firm
  • Specific steps you must take to build a lifestyle law firm that provides the income you want to enjoy the life you want

Don’t miss this informative webinar! Register HERE

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!

Renew Your Membership in May to Enter This Awesome Giveaway!

Renew your membership in May 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.

PlayBack NACBA

Do you wish you could experience the 2017 Convention all over again, is there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

Bankruptcy News Briefs 5/23

Tuesday’s Headlines…

Consumer survey: Voters say CFPB should be run by a bipartisan commission

Trump to grant student loan servicing work to just one company

CFPB Faces Increasing Challenges to Its Authority to Investigate Violations of Consumer Financial Laws

Household Debt Is Enslaving Americans

CFPB Court Hearing: What To Expect

Cash-strapped consumers will pay off unsecured personal loans before mortgage – report

Trump Wants to End Subsidized Student Loans

Prudential: Student loan debt postpones dreams, threatens financial security, say young adults

The surprising debts that are holding many Americans back

Liability Coverage Policies: Property of the Estate to Which the Automatic Stay Applies

Learn How Your Firm Can Break The 7 Figure Barrier in June’s Upcoming Webinar!

Building a 7-Figure Lifestyle Law Firm: Moving from a Busiess Operator to a Business Owner
Date: Thursday, June 1, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, The Rainmaker Institute
Cost: No Fee – NACBA Member Benefit

There are 3 stages every law firm goes through to break the 7-figure barrier. At each stage there are different challenges that must be faced and overcome to grow to the next level. Since 1999, The Rainmaker Institute has trained over 18,000 attorneys and helped hundreds of their clients break 7-figures. If you’ve struggled to scale to a million dollars or more in your law firm you need to attend and discover:

  • What are the 5 key challenges you must face to grow to the next level
  • How to go from being an business operator to a business owner
  • The 10 major parts of every successful law firm
  • Specific steps you must take to build a lifestyle law firm that provides the income you want to enjoy the life you want

Register HERE

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!

Renew Your Membership in May to Enter This Awesome Giveaway!

Renew your membership in May 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.

PlayBack NACBA

Do you wish you could experience the 2017 Convention all over again, is there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

Bankruptcy News Briefs 5/22

New Week… New Headlines

Ocwen and Bank of New York Mellon Sanctioned $44,000 for Violating Discharge Injunction by Sending Statements Demanding Post-Discharge Payments

Mounting Consumer Debt Means that Bankruptcy is More Important Than Ever Before

ED Proposes Single Source Model for Massive Student Loan Servicing Contract

Rep. Barr reintroduces act to make CFPB spending accountable to Congress

Consumers Lose With A Weak Consumer Financial Protection Bureau

AG alleges lawyer used deceptive practices in debt collection

Can Student Loans Be Discharged In Bankruptcy?

Easing debt crisis for older Americans

More Baby Boomers Are Drowning In Student Loan Debt–And No One Knows How Bad It Will Get

Divorce Court Can’t Decide What Obligations Survive Bankruptcy

New Webinar!

Building a 7-Figure Lifestyle Law Firm: Moving from a Busiess Operator to a Business Owner
Date: Thursday, June 1, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, The Rainmaker Institute
Cost: No Fee – NACBA Member Benefit
Register HERE

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!

Renew Your Membership in May to Enter This Awesome Giveaway!

Renew your membership in May 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.

PlayBack NACBA

Do you wish you could experience the 2017 Convention all over again, is there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Bankruptcy News Briefs 5/19

 

Headlines Leading Into the Weekend

Sens. Tom Udall and Cory BoRecord Consumer Debt Provokes Sleepless Nights, Recession Nightmaresoker Introduce Legislation to Repeal Congressional Review Act

Why Student Loans And Bankruptcy Don’t Always Mix

No False Representation in Loan Acquisition

Rising student debt ‘crippling’ recent graduates, the economy

Americans Are Paying $38 to Collect $1 of Student Debt

Household Debt And Credit Report: Q1 2017 Update

Record Consumer Debt Provokes Sleepless Nights, Recession Nightmares

Consumer claims collection agency attempted to collect despite bankruptcy

Student Debt Is Eating Your Household Budget

Examining Credit State By State

Building a 7-Figure Lifestyle Law Firm: Moving from a Busiess Operator to a Business Owner
Date: Thursday, June 1, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, The Rainmaker Institute
Cost: No Fee – NACBA Member Benefit
Register HERE

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!

Renew Your Membership in May to Enter This Awesome Giveaway!

Renew your membership in May 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.

PlayBack NACBA

Do you wish you could experience the 2017 Convention all over again, is there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 ! Visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Bankruptcy News Briefs 5/18

CFPB Director Richard Cordray Meets with House Democrats at Caucus Meeting

No Documented Procedures, No Bona Fide Error Defense

CFPB Issues 5th Annual Servicemember Report: Charting Our Course Through the Military Lifecycle

Man says Progressive Financial misrepresented creditor during debt collection

U.S. Supreme Court: National Collections Agency Not Wrong for Pursuing an Expired Debt

The Consumer Debt Blind Spot

400,000 were promised student loan forgiveness. Now they are panicking

Out of Time, Not Out of Luck: Supreme Court holds POCs for Time-Barred Debt are OK under FDCPA

Opinion analysis: Justices approve filing stale claims in consumer bankruptcies

Building a 7-Figure Lifestyle Law Firm: Moving from a Busiess Operator to a Business Owner
Date: Thursday, June 1, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, The Rainmaker Institute
Cost: No Fee – NACBA Member Benefit
Register HERE

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!

Renew Your Membership in May to Enter This Awesome Giveaway!

Renew your membership in May 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.

PlayBack NACBA

Do you wish you could experience the 2017 Convention all over again, is there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25!  Visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Bankruptcy News Briefs 5/10

Student, Auto Loan Borrowing Reaches Highest Level in Five Months

Bankruptcy Filings Decline

Searching For The Meaning Of “Meaningful Involvement”

Lawmakers Push Bill Allowing Student Debt to Be Discharged in Bankruptcy

CFPB Updates Rules on Collecting Ex Parte Rulemaking Input

U.S. Government Officials Play Hardball On Student Loan Defaults

Chapter 20 and Who May Be a Debtor

CFPB: Consumer Prepaid Complaints Drop in Q1

Top 5 complaints against credit card companies

Reps. Katko, Delaney sponsor bill that would let student loan borrowers get bankruptcy discharge

11th Cir. Holds Post-Discharge Monthly Mortgage Statements Not Prohibited

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!

Renew Your Membership in May to Enter This Awesome Giveaway!

Renew your membership in May 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.

Subsscribe to NACBA Now Today!

Bankruptcy News Briefs 5/9

Treasury Awards Contracts for Collection of Non-Tax Debt; Could Student Loans Be Next?

Government’s “Police Power” Exception to Automatic Stay Does Not Apply to Government’s Enforcement of a Money Judgment Against Debtor

U.S. Supreme Court Rejects “Meaningful Attorney Involvement” Case

How the Affordable Care Act Drove Down Personal Bankruptcy

Nobody Answering the Phone; Student Loan Borrowers (and Taxpayers) Impacted Bigtime

What’s Inside the CFPB Enforcement Policies and Procedures Manual 2.0

Puerto Rico’s Fate Will Come Down to Decisions of a Single Judge

Debt Collection, Made Easier And … Gentler?

WHAT DID THE CFPB DO ABOUT WELLS FARGO OPENING UNAUTHORIZED ACCOUNTS?

This is the No. 1 reason Americans file for bankruptcy

Changes In Attitude, Changes In FinServ Regulatory Latitude

Stop Medical Bills from Driving You into Bankruptcy

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!

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

Renew your membership in May 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.

A Glimpse Into the Consumer Bankruptcy Journal

 

 

 

 

 

 

 

Christine Kieta, gives us the basics in her article“Basics for Non-Bankruptcy Litigation Lawyers,” in NACBA’s Consumer Bankruptcy Journal where she discusses; getting into bankruptcy court,  insulating your claim from a potential bankruptcy discharge and envisioning the battle lines for success.

Bankruptcy News Briefs 5/8

NACBA Applauds Bipartisan Effort to Discharge Excessive Student Loan Debt

D.C. Enacts Student Loan Servicer Licensing Requirement

FCC’s O’Rielly Says Legitimate Businesses Haven’t Effectively Told Their Story on TCPA

New Bankruptcy Rules to Take Effect December 1, 2017

Fair Arbitration Now Coalition Urges the House to Reject Legislation Stripping Federal Agencies of Authority to Restrict Forced Arbitration

Eleventh Circuit Disappoints on Undue Hardship Issue

More Companies Fight CFPB’s Enforcement Actions

The System To Collect Defaulted Student Loans Is No Longer Functioning

Millennials owe a record amount of debt, and it could become a huge drag on the economy

Rising Automobile Debt Foreshadows Impending Credit Crisis

Mortgage Default Risk is on the Rise

Trying Times for Secondary Market for Consumer Debts

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!

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

Renew your membership in May 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 5/4

Monthly Debt Collection Complaints and Consumer Litigation Filings Increase

A Loan Is Not an “Educational Benefit” for Dischargeability Purposes

House panel approves GOP Dodd-Frank rewrite

Court Rules Sending Validation Through CFPB Portal Does Not Satisfy FDCPA

Trump administration welcomes back student debt collectors fired by Obama

Courts Grapple with Fine Line between (Medical) Informational & Telemarketing Calls

CHOICE Act Markup Drags On After GOP Sinks Dem CFPB Amendments

CFPB Attempts to Deny Constitutionality Ruling Fast-Track

HOW HAS THE CFPB HELPED CONSUMERS DEALING WITH DEBT COLLECTORS?

Parent Cosigners Beware: Think Twice Before Taking On Your Child’s College Debt

U.S. Auto Sales Plunge Dramatically As The Consumer Debt Bubble Continues To Collapse

Charge-offs on Consumer Debts: The Kentucky Supreme Court Causes Shaky Ground to Collect Prejudgment Interest

FTC Issues “Advice” on Background Check Disclosure and Authorization Forms

Supreme Court Hears Oral Argument In Significant FDCPA Case

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!

 

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

Renew your membership in May 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 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

avatar for 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.