Chapter 13

2016 Virtual Bankruptcy Workshop Session Highlight!

2016-virtual

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

avatar for Hank Hildebrand

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.

avatar for John Rao

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!

Bankruptcy News Briefs 9/21

What’s Happening this Wednesday?

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Survey: Majority of Consumers are Concerned About Identity Theft

California Amends Requirements for Debt Collectors Responding to Consumer Claims of Identity Theft
House Committee Approves Dodd-Frank Replacement Bill

Senate and Congressional Hearings – Lots of Noise, but What Impact?

Former Regulator Points to CFPB Failure behind Wells Fargo Scandal

Stern Amendments to Bankruptcy Rules

Landlords, Leases and Financial Distress

CFPB consumer complaint database about to hit 1 million complaints

The Government’s Plan to Reduce Student-Loan Defaults Helps Borrowers Who Need It Least

ONE DAY LEFT UNTIL TOMORROW’S WEBINAR

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Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems with Non-Bankruptcy Causes of Action
DATE: Thursday, September 22, 2016 – 3:00 PM EST / 12:00 PM PST
COST: $25 NACBA Member, $75 Non-Member
PRESENTERS:
Judge Paul W. Bonapfel, Northern District of Georgia
J. Erik Heath, Esq., Consumer Bankruptcy Attorney, San Francisco, CA
John Rao, Esq., National Consumer Law Center, Inc.
REGISTER: HERE

BONUS: One (1) attendee/ registrant will be chosen at random to receive a copy of Chapter 13: Practice And Procedure, 2d, 2016 Ed.. The new second edition is a guide to virtually everything you need to know about practicing law under Chapter 13 of the Bankruptcy Code.(Value $408)

This webinar will cover a variety of standing, judicial estoppel and claim preclusion issues and offer practical suggestions for ways to ensure that debtors’ non-bankruptcy causes of action can be litigated. Topics will include debtor’s standing during and after Chapter 7 and 13 cases, determining whether a cause of action is property of the estate, proper scheduling and disclosure of claims including whether a duty exists for post-petition claims in Chapter 13 cases, avoiding and responding to judicial estoppel arguments, plan treatment of prosecution and settlement of litigation, employment and compensation of counsel to litigate debtor’s legal claims, effect of plan confirmation on debtor’s right to bring causes of action post-confirmation; impact of stating an intent to surrender collateral on post-bankruptcy claims and defenses; using waiver and estoppel arguments against mortgage creditors.

If you are unable to attend the live webinar, please register by September 22, 2016 at 2:00 PM Est. to receive the webinar recording, materials (copy of presentation and Non Bankruptcy Causes of Action exert from Chapter 13: Practice And Procedure, 2d, 2016 Ed) and be registered for drawing.

Events

NACBA’s  Fall Workshop

EARLY BIRD RATE IS EXTENDED! REGISTER TODAY FOR SAVINGS!

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Pack your bags and set sail for the 2016 NACBA Fall Workshop on October 6th-9th for stellar sessions, excellent presenters, CLE, networking and a little relaxation!  Get all the details and register today!

SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Register for “Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems with Non-Bankruptcy Causes of Action,” Webinar

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Register for NACBA’s Webinar on September 22nd

Join us for “Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems with Non-Bankruptcy Causes of Action.” Webinar at 3:00 PM EST/12:00 PM PST. 

Not only will this this webinar cover a variety of standing, judicial estoppel and claim preclusion issues and offer practical suggestions for ways to ensure that debtors’ non-bankruptcy causes of action can be litigated. But, there’s more…

One (1) attendee/ registrant will be chosen at random to receive a copy of Chapter 13: Practice And Procedure, 2nd, 2016 Ed.. The new second edition is a guide to virtually everything you need to know about practicing law under Chapter 13 of the Bankruptcy Code. (Value $408)

Just all the more reason to join our presenters, Judge Paul W. Bonapfel, Northern District of Georgia, J. Erik Heath, Esq., Consumer Attorney, San Francisco, CA and John Rao, Esq., National Consumer Law Center, Inc. as they dive into this important subject.

Topics will include debtor’s standing during and after Chapter 7 and 13 cases, determining whether a cause of action is property of the estate, proper scheduling and disclosure of claims including whether a duty exists for post-petition claims in Chapter 13 cases, avoiding and responding to judicial estoppel arguments, plan treatment of prosecution and settlement of litigation, employment and compensation of counsel to litigate debtor’s legal claims, effect of plan confirmation on debtor’s right to bring causes of action post-confirmation; impact of stating an intent to surrender collateral on post-bankruptcy claims and defenses; using waiver and estoppel arguments against mortgage creditors.

If you are unable to attend the live webinar, please register by September 22, 2016 at 2:00 PM Est. to receive the webinar recording, materials (copy of presentation and Non Bankruptcy Causes of Action exert from Chapter 13: Practice And Procedure, 2nd, 2016 Ed) and be registered for drawing.

Register Today! Cost is $25 for NACBA Members and $75 for Non-Members.

 

#NACBASEA Spotlight with Hank Hildebrand and John Rao

What in the World is Triskaidekaphobia?
Find out in the #NACBASEA Session…
“Even Cruisers Have Fears: Getting Over Your Triskaidekaphobia: Straight Talk About Chapter 13”
Join us on Sunday, October 9th from 8:15 am-9:45 am to 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 with our presenters, Hank Hildebrand and John Rao.
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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.
rao
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 7/15

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End of the Week Headlines…

FCC: Federal Government and Its Contractors Not Covered by TCPA Restrictions

CFPB Fines Santander $10 Million as Regulator Tightens Scrutiny of Overdraft Fees

Class action lawsuit seeks college loan forgiveness for thousands of students

Debtors’ Lien-Stripping Attempt Likely Would Have Succeeded in New Hampshire

Bankruptcy Courts Divided On Whether Chapter 13 Plan Extends Time for Redemption

U.S. Supreme Court to Weigh in on Structured Dismissals and Settlements Circumventing the Bankruptcy Code’s Priority Scheme

Stale Claim in Bankruptcy Doesn’t Violate Debt Collection Law

Debt recovery center to start collecting for state courts

Former student files class-action case over Corinthian student loan debt

MARK YOUR CALENDARS

NACBA MEMBER ONLY FALL WORKSHOP- OCTOBER 7th-10th

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Join us to set sail for NACBA’s Summit at Sea (#NACBASEA) setting sail from October 7th-10th with a a Pre-Cruise event on October 6th. Early Bird Rate Ends, September 2nd! Check out theSchedule and Register Today!

ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Today’s #NACBASF’s Session Spotlight

Staying Awake at the Wheel: Chapter 13 Post-petition Issues

Saturday, May 21st, 2:30 pm – 3:45 pm

Getting paid for doing good. By monitoring chapter 13 cases you can help keep debtors on track and earn additional income along the way. This discussion will consider key issues, best practices, and common post-petition pitfalls.
Presenters:

avatar for Devin Derham-Burk

Devin Derham-Burk

Chapter 13 Trustee
San Jose, CA

Ms. Derham-Burk is the chapter 13 standing trustee for the San José division of the United States Bankruptcy Court for the Northern District of California. She was appointed on July 1, 1996.  She is a graduate of San José state university and the University of Santa Clara School of law.  Prior to her appointment, Mrs. Derham-Burk represented failed bank interests as the managing senior attorney for the FDIC’s San José consolidated field office.  She has also advised creditors in chapter 11 and chapter 7 cases as an attorney at Silicon Valley law group and has represented consumer debtors as an associate attorney at the Gold & Hammes Law Firm in San José.

avatar for Hon. Eduardo V. Rodriguez

Honorable Eduardo V. Rodriguez

United States District & Bankruptcy Court, Southern District of Texas
United States Bankruptcy Judge
McAllen, TX

Bankruptcy News Briefs 6/23

Hospital Loses Loan Lawsuit

Medical Debt Collector Settles CFPB Enforcement Action

Caulkett Does Not Affect Lien-Stripping in Chapter 13

Madoff Trustee’s High Court Rebuff May Cut Victim Recoveries

As Corinthian Claim Deadline Approaches, Few Students Expected to File

Companies to Pay Restitution to Settle Charges of Illegal Activity

CFPB Wants Search Engines to Help Stop Student Debt Scams

Register for the 2015 Supreme Bankruptcy Court Decisions & What They Mean for Your Practice on June 24th!

Not a Member of NACBA and Want to Take Advantage of Webinars, Resources, Networking and More? Join Today!

Don’t Forget to Renew Your NACBA Membership!

 

Bankruptcy News Briefs 6/18

CFPB Sues Servicemember Auto Lender for Collection Tactics

FCC Commissioner Warns TCPA Overhaul Could Help Lawyers, Hurt Consumers

CFPB Issues its Seventh Semi-Annual Report to Congress

Regulator Restricts Mortgage Operations of Six Big Banks

Bruce Levitt Prevails in NJ Bankruptcy Court Ruling Allowing Chapter 13 Debtors to Strip Off Condo Association Liens

High Stakes and a Potential Standoff Over Student-Loan Debt Relief

Gov. Rick Scott signs bad timeshare law

Consumer watchdog says goodbye to student loan pointman

NACA and NCLC: House Moves to Weaken the Consumer Financial Protection Bureau

Consumers to CFPB: End Forced Arbitration

FCC Protects Consumers from Unsolicited Robocalls and Texts to Cell Phones and Moves to Modernize Lifeline Program

Renew Your NACBA Membership Today!

 

Bankruptcy News Briefs 5/6

10 States With the Highest Bankruptcy Rates

Bankruptcy Trustees Claw Back College Tuition Paid for Filers’ Kids

It’s Becoming Increasingly Hard to Get a Loan in the Deep South

Report Shows Potential Impact of Income-Based Student Loan Repayment Plan

Lawmakers Seek to Give Lenders More Time for New Mortgage Disclosures

Two Positive Decisions for the Industry Regarding Chapter 13 Cases

Homeowner’s Bankruptcy Appeal Denied by Supreme Court

Survey: Nearly Half of Consumers Monitored Credit Scores in Past Year

Puerto Rico Fights to Restore Law Allowing Public Debt Revamp

U.S. Eyes New Path to Debt Relief

Consumer Financial Protection Bureau Report Finds 26 Million Consumers Are Credit Invisible