collection

NACBA25 Session Highlight

Join presenters Gary Bluestein and Robert Mckenzie along with moderator Brett Weiss as they address the strategies, traps and pitfalls when dealing with the IRS as a creditor in bankruptcy.  This will include the impact of a Federal tax lien on exempt and excluded assets, how a Collection Due Process Appeal can affect the timing provisions for priority tax status and the impact of a Substitute for Return or delinquent return filing on dischargeability.

Meet Your Presenters and Moderator

avatar for Brett Weiss

Brett Weiss

Brett Weiss, a senior partner at Chung & Press, LLC, has been representing people and businesses in all phases of bankruptcy for over 25 years. He has experience in com¬plex individual Chapter 7, Chapter 11 and Chapter 13 bankruptcy cases, and in Chapter 11 small business restructuring and reorganization. Mr. Weiss lectures nationally on bankruptcy issues. He has spoken before the National Conference of Bankruptcy Judges, and is a regular speaker before the National Association of Consumer Bankruptcy Attorneys, the Maryland Bankruptcy Bar Association and Maryland State Bar Association. He has testified before the Federal Bankruptcy Rules Committee and has twice testified before Congress on bankruptcy and credit issues. Brett Weiss is the co-author of “Individual Bankruptcy Under Chapter 11” for LexisNexis, and has written “Not Dead Yet: Bankruptcy After BAPCPA,” for the Maryland Bar Journal, as well as hundreds of blogs for the Bankruptcy Law Network. Mr. Weiss has received international media attention in connection with his work. He was interviewed by Barbara Walters on The View, has appeared on the Today Show, Good Morning America, ABC News with Peter Jennings, the Montel Williams Show, NPR, AARP-TV, the BBC World Service, German state television, and numerous local radio and television programs, and been quoted in Money magazine, The Washington Post and The Baltimore Sun, among others. Brett Weiss is the Maryland State Chair for the National Association of Consumer Bankruptcy Attorneys, a founding member of the Bankruptcy Law Network, on the board of the Maryland State Bar Consumer Bankruptcy Council, and a member of the American Bankruptcy Institute, the Bankruptcy Bar Association of Maryland, and the Civil Justice Network. He has been recognized as a “Super Lawyer” every year since 2007 for Maryland and the District of Columbia, and in 2011 received the Distinguished Service Award from the National Association of Consumer Bankruptcy Attorneys for his work on behalf of consumers across the country. Mr. Weiss is admitted to practice before Maryland and District of Columbia federal and state courts, the United States Courts of Appeals for the DC and Fourth Circuit, The United States Tax Court, and the Supreme Court of the United States, and has been practicing law since 1983.

avatar for Gary Bluestein

Gary Bluestein

Gary Bluestein, focuses his practice exclusively on tax representation.  Prior to entering private practice, Gary served as a Senior Attorney for the Internal Revenue Service and was a Special Assistant United State’s Attorney.  Gary was hired by the Department of Treasury through the Government’s Honors Program.  During his Government Service, Gary represented the IRS in both the United States Tax Court and the United States Bankruptcy Court.  He also served on several National Task Forces addressing IRS enforcement issues and received numerous Government Merit Awards for his work related thereto.

Gary is an Adjunct Professor of Tax Practice & Procedure at the University at Buffalo School of Law and has taught in the Canisius College’s Master in Tax Program.  Gary frequently lectures and writes on a variety of topics relating to tax representation for numerous local and national professional groups.  He is a member of the Erie County Bar Association, the Tax Committee and the Bankruptcy Committee, and serves on the Planning Committee for the Institute on Taxation.  Gary has also made appearances on local television and radio shows and was named in Business First’s “Who’s Who in the Law” and in New York State Super Lawyers for his expertise in Tax Practice.

Gary is admitted to practice in the State of New York, the United States Tax Court, the Bankruptcy Court and the Western District Court for the State of New York. He received his Juris Doctor from the State University of New York at Buffalo, School of Law in May of 1984.  Gary received a Bachelor of Arts in Psychology, cum laude, from the State of New York College at Albany in 1981.

avatar for Robert McKenzie

Robert Mckenzie

Robert E. McKenzie is a partner of the law firm of Arnstein & Lehr LLP of Chicago, Illinois, concentrating his practice in representation before the Internal Revenue Service and state agencies. He has lectured extensively on the subject of taxation. He has presented courses before thousands of CPA’s, attorneys and enrolled agents nationwide. He has made numerous media appearances including Dateline NBC and The ABC Nightly News. Prior to entering private practice, Mr. McKenzie was employed by the Internal Revenue Service, Collection Division, in Chicago, Illinois. Since entering private practice, he has dedicated a major portion of his time to representation before the IRS.  From 2009 to 2011, Mr. McKenzie was a member of the IRS Advisory Council, which advises IRS management. He was council director of the ABA Tax Section (1998-2001). He was vice chair of the ABA Tax Section (2003-2005). Mr. McKenzie is past chairman of the Employment Tax Committee, past co-chair of the Task Force for Bankruptcy Legislation of the ABA Section on Taxation and past chairman of the Chicago Bar Association Federal Tax Committee. He was dean of the National Tax Practice Institute (1998-2002). Mr. McKenzie serves on Arnstein & Lehr’s Executive Committee. Additional information can be found on Mr. McKenzie’s website, mckenzielaw.com, where he also keeps an active tax blog.

Learn More About NACBA25!

Bankruptcy News Briefs 4/26

Filling the Void: New CFPB Collection Could Help Protect Student Loan Borrowers

Ocwen Files Motions Against CFPB

CFPB Snapshot Highlights Biggest Student Loan Complaints

Credit rating agencies ding Ocwen over CFPB, state regulator charges

Litigating Debt Collections May Subject You to Liability

Ocwen Asks Federal Court for Expedited Decision That the CFPB Is Unconstitutional and Seeks Participation of the Department of Justice

Recapping crucial debt collection case before Supreme Court

FDCPA Ban on Deceptive Collections Practices Extends to Conduct by Lawyers in Court

Trump can help forgotten Americans with a change to the tax code that would help relieve debt

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 4/24

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 4/20

U.S. Secretary of Education Withdraws Memos on Student Loan Servicing

Experian Makes Debt Collection Easier for Consumers

Prior Express Consent Defeats TCPA Claim, But Jury May Find 87 Calls Over 19 Days to be FDCPA Violation

Bona Fide Error Defense Comes Through For Collector With Strong Processes

Mortgage Defaults Climb Slightly

Decline in bankruptcy filings slowing

Judge Issues 30-Day Halt To Proceedings in ED Contract Debacle

Americans have lodged thousands of mortgage complaints with the agency Republicans want to gut

CFPB Prepaid Card Rule Again Targets a Product Popular With the Masses

U.S. recoups $63M in student loans after hiring private debt collection lawyers

WASHINGTON STATE SENATE PASSES BILL TO INCREASE TRANSPARENCY FOR STUDENT LOAN BORROWERS

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

Brian Cuban, Esq. 

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In Brian Cuban’s article, “Why Are Lawyers So Afraid To Ask for Help?” he gives some honest insight into the stigma and fear lawyers have of  career consequences when seeking help, especially through the Legal Assistance Program. Brian discusses this culture of fear and gives ideas on how to dispel this myth so that those who need help will seek it freely.

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 4/19

Prior Express Consent Defeats TCPA Claim, But Jury May Find 87 Calls Over 19 Days to be FDCPA Violation

Emotional Distress Damages Available for Stay Violation

FCC Seeks Comment By May 18 on Voicemail Drop Petition

Justices Appear Reluctant to Close Debt Collection Loophole

Dodd-Frank Needs Reform: Start With The CFPB

U.S. Economy in a Snapshot Shows Decline in Consumer Spending

CFPB Sues Another Debt Collection Law Firm

D.C. reaches settlement with debt collection company over allegations of illegal collections

California’sBankruptcy Court Imposes Massively Disproportionate $45 Million Punitive Exaction, Then Plays Santa Claus With $40 Million Of It

New ‘ReLIEF Act’ Could Make Student Loan Refinancing Cheaper

Bank of America Must Pay $46 Million for Improper Foreclosure

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 4/18

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 4/14

First Quarter Bankruptcy Filings Decline

Sovereign Immunity in Tax Refund Turnover Claim

Court Sanctions Debtor’s Lawyer for Failing to Disclose Fees by Requiring him to Disgorge One-Half of Fees

CFPB Ordered by a New York Federal Court to “Show Me the Money”

Consumer claims Retrieval-Masters Creditors Bureau Inc. charged unlawful fee

Top 3 bankruptcy trends from past 2 quarters

Congress needs CBO to crunch the numbers on Dodd-Frank repeal

Banking group urges Senate to make major reforms to Dodd-Frank and consumer agency

A Glimpse Into the Consumer Bankruptcy Journal

Jim Haller, Sulaiman Law Group & NACBA President

Haller

Student loan debt is quickly becoming a national crisis and in many ways chocking our society and the potential for young people to flourish. In a contentious election one thing the candidates agrees on is that student loan debt is a crippling problem in the United States. In today’s glimpse of the CBJ, Jim Haller, President of NACBA addresses this issue in his article, “President Trump is Right, We Need to Remove the Albatross of Student Loan Debt From Our People and Families.”

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 4/13

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