chapter 7

Register for NACBA’s September Webinar!

NACBA is excited about our upcoming relevant and timely Webinar, CFPB’s Amended Mortgage Servicing Regulations and Their Effects on Bankruptcy,” 
on Thursday, September 21, 2017, from 3:00 PM ET to 4:15 PM ET presented by experts, Edward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC.
This comprehensive webinar will review a number of topics including :
  • The background of CPPB rules and borrowers in bankruptcy
  • The scope of regulations.
  • Dates of regulation
  • Definitions of Delinquency
  • Effects of Delinquency
  • Early Intervention
  • Loss Mitigation Requirement
  • Periodic Statements in Bankruptcy
  • Periodic Statements for Consumer in Ch 7 Bankruptcy
  • Periodic Statements for Consumer in Ch 13 Bankruptcy
  • Successors in Interest
  • Prompt Payment in Crediting
  • Q&A

The cost is $25 Member / $75 Non-Member. Register Today!

Washington Update- August 18th

Krista D’Amelio gives the latest update from Washington, designed to keep NACBA members informed about significant and relevant activity on the part of Congress, regulatory agencies and interest groups/think tanks.  Take a look at what’s happening in DC in the Washington Update.

On The Hill U.S. Senator Elizabeth Warren (D-MA) sent letters on August 10th to the heads of JP Morgan Chase, Bank of America, Wells Fargo & Company, Citigroup Inc., U.S. Bancorp, PNC Financial Services Group Inc., TD Group US Holdings, Capital One Financial Corporation, HSBC North America Holdings, Charles Schwab Corporation, BB&T Corporation, Suntrust Bank, Barclays US, Ally Financial Inc., American Express Co. and Citizens Financial Group. In these letters, she requests information on the banks’ stances on the arbitration rule, along with data on the firms’ use of arbitration clauses in consumer agreements and the outcomes of arbitration proceedings. Warren has asked for responses by September 1 because Republicans have introduced a CRA resolution to reverse the CFPB rule. Warren is the ranking member of the Senate Banking Committee’s Subcommittee on Financial Institutions.

Full text of H.R. 3553 has been released. As you may recall from the previous Washington Update, the bill was introduced by Congressman Tom Marino (R-PA) on July 28th to amend title 11 of the United States Code to increase the amount of compensation paid to chapter 7 bankruptcy trustees for services rendered.

On August 17thPresident Trump signed into law H.R. 3218, the Harry W. Colmery Veterans Educational Assistance Act of 2017, also known as the “Forever GI Bill,” named after the American Legion national commander who wrote the original GI Bill language in 1944. This legislation contains 34 new provisions, the vast majority of which will enhance or expand education benefits for Veterans, Servicemembers, Families and Survivors. Most notably, Veterans who transitioned out of the military after January 1, 2013 will not be limited to the 15-year deadline to use their GI Bill benefits. This law also restores benefits to Veterans, who were impacted by school closures since 2015, and expands benefits for our reservists, surviving dependents, Purple Heart recipients, and provides many other improvements.

In The Agencies The Department of Education submitted a notice in the Federal Register on August 17th regarding the gainful employment rule that would delay appeals and leave the future of failing programs up to Secretary  DeVos. The gainful employment regulation requires schools to give prospective students key information about costs and outcomes of career education programs at for-profit, public, and nonprofit colleges, ends federal funding for programs that consistently leave students with debts they cannot repay, and allows colleges to appeal if they believe program graduates earn more than federal data indicate. The document establishes new deadlines for submitting notices of intent to file alternate earnings appeals and for submitting alternate earnings appeals. Normally, appeals would be due in February 2018 and warnings are not required by failing programs that intend to say they intend to appeal.

More from the Department of Education. On August 14th, the Department told a federal appeals court that a court order blocking its ability to send any newly defaulted student loan borrowers to its hired debt collectors has cost taxpayers more than $5 million in lost collections since March. In addition, the Education Department now estimates that 463,000 borrowers are stuck in default limbo because they haven’t been assigned a debt collection firm. This lawsuit came about because private debt collection agencies that were not awarded the latest collection contract sued the Department of Education. After the judge overseeing the litigation issued an order preventing the Department from assigning new accounts to debt collectors, the Department announced a re-do of the contract and is now rushing to make a final award by the end of next week.

The Consumer Financial Protection Bureau released new data on August 16th that found nearly half of student loan borrowers leave school owing at least $20,000 – double the share of borrowers a decade ago. Further, the data shows that people are taking on more student debt later in life, and having a tougher time paying it back. 44 million Americans currently owe money and the combined total of outstanding federal and private student loan debt now exceeds $1.4 trillion.

Feedback should be directed to

Bankruptcy News Briefs 7/28

Headlines Leading Into the Weekend…

Debt Collection Complaints Decline; Consumer Litigation Filings Slow Compared to May

Credit Card Market Continues Growth in First Quarter; Including Record Number of New Accounts

Court Granted Chapter 13 Trustee Motion to Modify Plan to Include Non-Exempt Portion of Personal Injury Settlement Received Post-Petition

Chapter 7 Debtors with $400/month Disposable Income Failed the Totality of the Circumstances Test for Abuse

Creditor Did Not Violate the Automatic Stay Where it Released its Pre-Petition Garnishment and Did Not Garnish any Wages Post-Petition

Discovery Rule Applies to Accrual of Cause of Action

Massachusetts Attorney General Announces Consent Agreement with Debt Collection Law Firm

Who is killing the CFPB’s arbitration rule?

SCOTUS Limits Reach of Fair Debt Collection Practices Act

Here’s the No. 1 consumer complaint in America

New NACBA Webinars



Check out these upcoming webinars for August and Register Today!

Reverse Mortgages & Bankruptcy
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non Member
Register HERE

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
Register: HERE

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically 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.

Introduce a New Member to NACBA & 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!

Exciting Upcoming Events!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havan, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

#NACBA25 Highlight: Platinum Sponsor: BK Billing

NACBA is excited to welcome BK Billing as a Platinum Sponsor at our 25th Annual Convention in Orlando, Florida, May 4th-7th. When you visit BK Billing you will experience the bankruptcy revolution that will make your job as an attorney much easier and will leave your clients feeling satisfied.  BK Billing  is a factoring company that buys accounts receivable from bankruptcy attorneys.  By following the bifurcation process of fast funding, automated billing, and credit reporting used by attorneys nationwide, you can now offer a zero dollar down option for their bankruptcy clients and still get paid in full.

Does this sound like something you’d like your firm to take advantage of? Well, you’re in luck because BK Billing is graciously extending their $595 savings offer (no set-up fee), to all NACBA members through May 7, 2017 a savings you won’t want to miss! But, wait there’s more!

BK Billing is holding a CLE session on Thursday, May 4th  at 5:00 p.m. in Room Asia 4. In this session, BK Billing Experts will review applicable case law on bifurcation and offer a free 275-page book, complete with legal memos, so you can better understand this process. Is your interest peaked? Then take a moment to read the Transcript for the Pre-NACBA Convention Call on Bifurcation, where BK Billing discusses how you can double or maybe even triple your Chapter 7 Production in the next 90 or 120 days by following case long Bifurcation and using their services.

Wait, here is yet another reason you’ll want to visit BK Billing…All Convention attendees receive a FREE copy of the 2017 United States Bankruptcy Code and Rules Booklet, 2017 Edition, when they visit BK Billing! No purchase is necessary, just stop by the BK Billing area and request your copy.

Visit the private Facebook Group for Attorneys to join the conversation!

Don’t Miss This Golden Opportunity!

Visit the BK Billing Exhibit Booth!

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

Fireside Chats Are Back!


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


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!


Friday, December 9, 2016

1:30 PM-2:30 PM ET

Dry Docking Aggressive Trustees: Getting the Overreaching Chapter 7 Trustee Out of the Water and on to the Shore!

Presented by:

Richard H. Nemeth, Esq. & Paul Maschmeyer Esq.

Are your clients being subject to out of line requests and turnover actions by overbearing Trustees? Richard Nemeth and Paul Maschmeyer  will discuss methods of dealing with these actions including responding to information requests, use of extensions of time to object to requests by the Trustee and how to use the political system to help your client. Learn how to defend turnover of mass tort awards and college tuition fraudulent conveyance litigation, and how to exclude inherited IRA from property of the estate (In re Clark). Stop requests to turn over convenience accounts and use secured creditor carve outs to help your client, not hurt them, and much more.

About Our Presenters:

avatar for Paul Maschmeyer

Paul Maschmeyer
Mr. Maschmeyer is a Shareholder/Director of Maschmeyer Karalis P.C. This firm limits its practice to Bankruptcy, Corporate, Corporate Reorganization, Litigation, Insolvency,Creditors’ Rights and Real Estate Law. Mr. Maschmeyer has represented trustees in many bankruptcy liquidations, official creditors’ committees and debtors in numerous Chapter 11 reorganizations.Mr. Maschmeyer is a member of the Philadelphia and Pennsylvania Bar Associations, the Eastern District of Pennsylvania Bankruptcy Conference, the American Bankruptcy Institute and the National Association of Bankruptcy Trustees. He is a member of the Board of Directors of the Consumer Bankruptcy Assistance Project.In addition to holding an AV® rating from Martindale-Hubbell, Mr. Maschmeyer is certified as a Business Bankruptcy Law Specialist by the American Bankruptcy Board of Certification and an author of Colliers Handbook for Trustees and Debtors-in- Possession. He is recognized by Philadelphia Magazine as a Pennsylvania Super Lawyer in the practice area of Bankruptcy and Creditor/Debtor Rights.

avatar for Richard Nemeth

Richard Nemeth
Mr. Nemeth is a consumer and small business bankruptcy practitioner and litigator in Cleveland, Ohio and the ND Ohio state chair for NACBA. He has been practicing bankruptcy law in Cleveland for over 25 years.In July, 2008, Mr. Nemeth was named NACBA Member of the Month for spearheading a successful effort to get the Ohio legislature to adopt a new and far more consumer-friendly exemption statute. Mr. Nemeth is a frequent speaker at local, regional and national continuing legal education seminars, and is often asked by reporters to comment on consumer issues for local and national media publications. He has been involved in a considerable amount of consumer litigation, representing borrowers against lenders, mortgage brokers, servicers, collection agencies and their law firms in stay and discharge violation, breach, fraud, civil conspiracy, truth-in-lending, RESPA, FDCPA and other matters in which he has won substantial awards for his clients.
Mr. Nemeth is a graduate of Case Western Reserve University and the Cleveland-Marshall College of Law.

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.


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 11/23


FCC Enforcement Bureau Issues Advisory on Text Message Compliance with TCPA

Fed Survey Shows Decline in Consumers’ Experiences in the Credit Market

FCC Releases TCPA Enforcement “Reminder” as Speculation Continues About Trump Effect

Student Loan Servicer Reaches $2.4 Million Settlement with State of Massachusetts

Texas Court Addresses Post-Petition Sale of Homestead in Chapter 7

Chris Lazarini Analyzes Right to Jury Under Section 4 of Federal Arbitration Act

Ninth Circuit Holds Trustees Performing Non-Judicial Foreclosures Are Not Debt Collectors Pursuant To FDCPA

Upcoming NACBA Events

So you missed the NACBA Cruise?
So did we but here is your chance to catch up!


A two (2) day overview of cutting edge consumer bankruptcy education in a virtual format presented by some of the top bankruptcy experts in the United States.

DATES: Friday, December 9, 2016 & Friday, December 16, 2016

Friday, December 9: 12:00 PM – 3:30 PM EASTERN and
Friday, December 16: 12:00 PM – 3:00 PM EASTERN

Schedule conflict? No worries at all.
Register by 12/8/16 and the recordings will be emailed to you upon request.

$99 NACBA Members, $199 Non Members

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


NACBA Webinars Web Banner (1)

Give yourself a gift and register for December’s Webinar!

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.

Celebrate 25 Years of NACBA!

Save the Date for NACBA’s Silver Anniversary Annual Convention

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

Interested in Sponsorship Opportunities at #NACBA25? Check out the Prospectus and join us in 2017!


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