Chapter 13

Bankruptcy News 5/2

Regulatory Accountability Act Puts Wall St. Interests Ahead of Consumers

Escrow, Insurance and Rent Not Additional Collateral in Deed of Trust

Court Dismissed Chapter 13 Case where Debtors Offered No Explanations for Failing to Amend Schedules or Make Payments, and Took “Cavalier” Attitude Toward Bankruptcy

Is It Officially Time To Start Worrying About Consumer Credit?

M.R.S. Associates Inc. accused of harassing consumer with debt collection calls

Operation Collection Protection Secures $2 Million Civil Penalty Against President of Debt Collection Company

US consumer debt is piling up

Illinois’ medical debt spiral injures people, economy

Bill would protect Social Security against student loan debt

Congress Tries To Ban The CFPB From Regulating Payday And Car-title Loans

Free Pass for Taxes Owed to Pennsylvania?

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!

NACBA25 is Here!

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, and fun events! There’s still time to Register so come see us!

 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

Each district must decide, after receiving public comment, whether to adopt the Official Form Chapter 13 Plan or a conforming Local Form Chapter 13 plan. These plans will go into effect on December 1, 2017.  Learn about this process, how to get involved, and the issues that may affect you and your clients.  Our distinguished panel will also help you to understand the new bankruptcy rule changes that relate to the plans and Chapter 13 practice, including those dealing with the claim filing deadline and the ability to request secured claim valuations and judicial lien avoidance in the plan.
Presenters
Chief Judge Eric L. Frank
avatar for Chief Judge Eric L. Frank
Eric L. Frank has been serving as a bankruptcy judge serving in the U.S. Bankruptcy Court for the Eastern District of Pennsylvania since February 2006. Prior to taking the bench, Judge Frank had more than 27 years experience as a bankruptcy practitioner and was counsel in several cases that were decided by the U.S. Supreme Court and the U.S. Court of Appeals for the Third Circuit. While in practice, Judge Frank was a shareholder in DiDonato and Winterhalter, P.C. (from 2004 to 2006), a partner in Miller, Frank & Miller (from 1991 to 2004) and a supervising attorney at Community Legal Services, Inc. (from 1978 to 1991), all in Philadelphia, PA. He served as a law clerk to the late Justice Samuel J. Roberts of the Pennsylvania Supreme Court in 1976-77 and U.S. Bankruptcy Judge Bruce I. Fox in 1986-87. From 1998 to 2005, Judge Frank served as a member of the federal Judicial Conference Advisory Committee on the Federal Rules of Bankruptcy Procedure. He is a Contributing Author to the treatise Collier on Bankruptcy (15th rev. ed.). Judge Frank is a past Chair of the Steering Committee of the Eastern District of Pennsylvania Bankruptcy Conference and a past President of the Board of Directors of the Consumer Bankruptcy Assistance Project in Philadelphia, which provides referrals and representation in chapter 7 bankruptcy cases on a pro bono basis for eligible, indigent persons. Judge Frank received his J.D. from the University of Pennsylvania Law School in 1976, where he served on the Law Review, and his B.A. from the State University of New York at Binghamton in 1973.
Hon (Ret.) Eugene Wedoff

avatar for Hon (Ret.) Eugene Wedoff

Eugene R. Wedoff has served as a bankruptcy judge in the Northern District of Illinois (in Chicago) since 1987 and as chief judge from 2002 to 2007. He drafted the model Chapter 13 plan used in that district. Judge Wedoff has been a member of the Advisory Committee on Bankruptcy Rules since 2004 and served as its chair 2010-2014. He was a member of the working group that drafted the means test forms implementing provisions of the 2005 bankruptcy amendment. Judge Wedoff is currently the past president of the National Conference of Bankruptcy Judges. He has served as a member of the NCBJ’s Board of Governors, as its secretary, and as chair of its education committee. He is a member of the American Bankruptcy Institute and has served as an officer and member of its Executive Committee. He is a fellow of the American College of Bankruptcy and a member of the National Bankruptcy Conference. He presided over the Chapter 11 reorganization of United Air Lines. Judge Wedoff is the author of the chapter on professional employment in Queenan, Hendel and Hillinger, Chapter 11 Theory and Practice (LRP Publications, 1994), and has been an associate editor of The American Bankruptcy Law Journal. His article, “Means Testing in the New § 707(b),” was published by the American Bankruptcy Law Journal in 2005. Judge Wedoff is a frequent lecturer and has served as a member of the Federal Judicial Center’s Committee on Bankruptcy Judge Education. In 2009, he received the Lawrence P. King Award from the Commercial Law League, and in 1995, he received the Excellence in Education Award from the NCBJ.

Moderator
John Rao
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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 4/24

Bank Card Default Rates Increase for Fifth Consecutive Month

U.S. Supreme Court Hears Oral Arguments over Whether Debt Buyers are Debt Collectors under FDCPA

11th Circuit Gives Debtor Another Chance to Prove She Met All Three Prongs of Brunner Test to Discharge Student Loans

CFPB Issues Final Rule on Prepaid Card Rule Extension

Report: Medical debt collections draw scrutiny

Attention lenders: The CFPB is now focusing more on fair lending in mortgages

Lawsuits allege mortgage servicer Ocwen’s mistakes cost some borrowers their homes

U.S. Consumer Debt Rises Overall, Housing Debt Drops

Medical Debt Cited As Leading Cause For Bankruptcy

A Glimpse Into the Consumer Bankruptcy Journal

Stephen Fairley, Rainmaker Institute, LLC

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Best selling author and CEO, Stephen Fairley understands how vital it is for  legal professionals to connect with their clients so they can best serve them. In his article, “4 Ways Attorneys Can Connect with Today’s Legal Consumers,” he gives four  concise tips on how to connect with consumers that is beneficial for them and for the growth of your firm.

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!

NACBA25 is Couple Weeks Away! There’s Still Time to Register!

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!

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

Renew your membership in April 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 4/21

House Committee Sets Hearing on Revised Financial CHOICE Act

Consumers’ Perceptions of Debt Payments, Credit Availability Improve

Regulators Are Suing Subprime Mortgage Servicer Ocwen for Years of ‘Deceptive Practices’

Ocwen Responds to Suit from CFPB, 21 States

Orchard Park debt collection mastermind faces prison for $31 million scam

Free Pass for Taxes Owed to Pennsylvania?

11th Circuit Clarifies FDCPA/FCCPA Issues Re Periodic Mortgage Statements After Bankruptcy

Supreme Court hears arguments on SEC suit time limits, debt collector status

The Average Student Loan Debt in Every State

Should DeVos Block an Embattled Student Loan Giant’s Attempt to Expand?

Delinquency Rates, Foreclosures Dip to Historic Lows

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!

NACBA25 is Couple Weeks Away! There’s Still Time to Register!

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!

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

Renew your membership in April 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 4/18

Seventh Circuit Court of Appeals Rules that Agency Acting Under a “Safe Harbor” Provision of Wisconsin Statute Did Not Violate FDCPA

CFPB Sues Ohio Law Firm Over Debt-Collection Practices

Attorney Fee Application Filed Too Late

Attorney’s Failure to Conduct Reasonable Investigation of Debtor’s Income & Expenses Led to Dismissal of Case & Sanctions against Lawyer

CFPB Proposal Aims to Clarify Home Mortgage Disclosure Act Rule

Individuals Account for More Than a Quarter of All Chapter 11 Filings, ABI

Yes, all debt is bad debt

The Bureau of Resistance

Credit card debt enslaving the American consumer

Report: Medical Debt Agencies Aggressively Go After Debts That Aren’t Owed

District Court Takes Perplexing View on FDCPA Standing

IRS Just Hired Private Debt Collection Agencies to Chase Down Your Debt

Student debt: America’s 1.3 trillion issue

NACBA25 is Less Than A  Month Away! Are You Registered?

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!

A Glimpse Into the Consumer Bankruptcy Journal

Gene Melchionne, Esq.

 

 

 

 

 

 

 

 

 

Maybe you missed National World Back Up Day on March 31st, but don’t despair! Eugene Melchionne’s article, “Technology Inner Sanctum,” provides practical tips and advice on creating a back up process that will give you peace of mind and a way to keep your client’s data secure!

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 April 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 4/13

Dodd-Frank Reform Measures On The Way

Simple TCPA Case Becomes Two-Year Journey to Dismissal

NCLC Advocate Statement re: Education Secretary Withdrawal of Critical Student Loan Borrower Protections

Republicans propose drastic overhaul of Dodd-Frank and CFPB

Unwelcome house calls: Arizonans complain about medical debt collectors

Colorado seventh in complaints about medical debt collection

Why Debt Is Eating Up Your Tax Refund

Credit Reports Don’t Have to Disclose Bankruptcy Plan

Supreme Court Judge Refuses To Reopen Credit Suisse Suit

Foreclosures Fall Below Pre-recession Levels

NACBA25 is Less Than A  Month Away! Are You Registered?

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!

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

Renew your membership in April 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 4/12

From the Web: Household Debt Balances and Borrower Demographics Shift Since 2008

Debtor Established Valid Defense of Laches Against Creditor’s Motion to Dismiss under § 707(a)f

Credit Card Debt Surpasses $1 Trillion

CFPB Office of Consumer Response Provides Updated Complaint Trends in Annual Report

NEW REPORT SHOWS VICTIMS OF AGGRESSIVE TACTICS FROM MEDICAL DEBT COLLECTORS

CFPB hearing proves consumer finances are at risk again

Consumer Complaints About Medical Debt Collectors, and How the CFPB Can Help

Consumer accuses Healthcare Receivables Group of improper debt collection practices

Betsy DeVos undoes Obama’s student loan protections

Rising Student Loan Debt Seen as Further Hurting Homeownership Rates

Argument preview: Court to consider application of Fair Debt Collection Practices Act to debt buyers

Keep On Truckin’: Priority Rules Still Rule in Structured Dismissals

Bankruptcy judge shortage could ‘cripple’ Delaware

Consumers Slowly Getting Savvier About Finances

Foreclosures, Delinquencies Drop Year-Over-Yeau

Court Finds No Pro-Bank Bias From Judge in Foreclosure Case

A Glimpse Into the Consumer Bankruptcy Journal

Professor Jason Killborn

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Everyone is talking about the newly appointed Supreme Court Justice, Neil Gorsuch, but what does his appointment mean for bankruptcy cases? Read Professor Jason Killborn’s article, “What to Expect From Justice- To-Be Gorsuch on Bankruptcy,” where he discusses three bankruptcy cases and gives insight on what bankruptcy attorneys and their clients may expect from Supreme Court Justice Gorsuch in his tenure.

NACBA25 is Less Than A  Month Away! Are You Registered?

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!

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

Renew your membership in April 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 4/6

CFPB Director Cordray’s Testimony Gets Off to a Heated Start

Court Rules FDCPA Statute of Limitations Begins When Violation is Discovered

Public Defender who was Employed and Eligible for Public Service Loan Forgiveness Failed the Brunner Test to Discharge Student Loans

The New Shape of US Household Debt

New concerns about growing consumer debt

Advocates worry new IRS debt collection service leads to fraud, confusion

Consumer accuses debt collector of false, deceptive communication

$1.90 Can’t Buy You an FDCPA Violation

Republicans accuse CFPB of dawdling on Wells Fargo probe

Judge Rules with Plaintiff in Credit Suisse Suit

Res Judicata Does Not Bar Post-Confirmation Objection to POC

NACBA25 is Only a Month Away! Are You Registered?

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!

A Glimpse Into the Consumer Bankruptcy Journal

When a client files for bankruptcy there are a number of emotions associated with this sometimes turbulent times. In Eric Olsen’s article, “Counseling Bankruptcy Clients About Guilt and Debt,” gives a unique perspective on this important topic as a bankruptcy attorney.

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 April 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 4/5

Collectors Take Note: FDCPA Litigation Over Letters Continues

Will FCC Loss in Junk Fax Case Have Positive Impact on TCPA Cases?

When a tax refund means bankruptcy

CFPB Director Richard Cordray will Testify Before House Financial Services Committee

The Week Ahead: Hope For Credit Growth

CFPB: Mortgage Complaints Up Slightly From 2015

IRS will use private debt collectors, but warns of potential scams

What JPMorgan CEO Dimon gets wrong about the student debt crisis

Vermont Lawyer Jean Murray Takes on the Debt-Collection Industry

Annual survey finds consumers have more credit card debt, less in retirement savings

Divorce and Credit Card Debt

Caveat creditor: Risks of filing an involuntary bankruptcy

Many Americans use tax refund to pay for bankruptcy filing

5 alarming facts about America’s $1.3 trillion in student loan debt

Student-Debt Overhang Is Pushing Down U.S. Rates, Dudley Says

NACBA25 is Only a Month Away! Are You Registered?

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!

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 April 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 3/31

Appeals Court Affirms Ruling Against Debt Buyer for Misleading Out-of-Stat Collection Letter

Trump’s DOJ Ditches Defense of CFPB

FTC Returns Funds to Debt Collection Scheme Victims

Student Loan Forgiveness Program Approval Letters May Be Invalid, Education Dept. Says

CFPB Head Discusses Dodd-Frank

Student Loan Debt Collectors Not Eager To Charge Fees Reinstated By Trump Administration

The IRS Has Hired A Debt Collector That Is Being Sued By The Government

Consumer sues Indiana debt collector

Trump’s Student Loan Default Penalty Has an Unlikely Foe

Unemployment Benefits Included as Income in Ch. 13 Plan

Creditor’s Accurate Post-Petition, Pre-Discharge Report to Credit Reporting Agency of Outstanding Balance did Not Violate Stay

Incarcerated Man Not Eligible for Chapter 13 Bankruptcy

Chapter 13 Debtor Can Keep Income Tax Refund

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!

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! Last Day to Renew for March to Be Entered Into the Giveaway!

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