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Bankruptcy News Briefs 7/30

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What’s Happening in the World of Bankruptcy?

State Regulator Seeks to Collect Unpaid CashCall Judgment

Robocall Rules Questioned at House Hearing

ACA-Backed Legislation to End Operation Choke Point Clears House Committee

Economic Confidence Tracked by Gallup Continues to Decline

Annual Health Spending Growth Surpasses Levels During Recession

POC Violates Discharge Injunction

Credit Bidding: Not An Absolute Right (And What Does That Mean?)

Bankruptcy: A Fresh Start, But at What Cost?

10 Years Later: What Have We Learned from BAPCPA?

House Democrats Spar Over CFPB’s Auto-Lending Rules

We Just Got Some New Data on America’s Student Loan Burden

Events

NACBA Webinars Web Banner (1)Free Webinar for all NACBA Members!

Register for the Effective (And Ethical) Online Marketing  For Law Firms on Wednesday, August 26, 2015  at 2:00 PM EST/11:00 AM PST. Join Fred J. Cohen, JD, is the founder and CEO of Amicus Creative Media as he discusses how to establish a comprehensive online presence that will increase your exposure.

NACBA’s 24th Annual Convention!

Save the Date for the 24th Annual NACBA Convention in San Francisco, May 19-22, 2016!

NACBA Benefits

Looking to spruce up your wardrobe? Brooks Brothers and Macy’s can meet your shopping needs and because you are a NACBA Member you can shop smartly when you enroll in the Brooks Brothers Corporate Membership Card that will save you 15% on regular priced merchandise. In addition Macy’s will offer NACBA members their Business Smart Pass, which is free of charge and will save you 15% twice a year.

NACBA’s Consumer Bankruptcy Journal

Read NACBA Member Nancy E. Clark’s insightful and informative article on, “The Necessity of Filing Proofs of Claim For Secured Creditors in Chapter 13,” in this Summer’s Edition of The Consumer Bankruptcy Journal.

NACBA Membership

Stay connected and up to date on the relevant topics through your NACBA Membership. Renew Today!

Join NACBA and take advantage of the networking, education and resources NACBA offers!

Bankruptcy News Briefs 7/29

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Mortgage Firms Fined $38M for Allegedly Deceptive Program

Race Car Driver Works on Settling FTC’s Lending Charges

Morning Scan: Faulty Credit Reports Targeted; Merchants Seek Dismissal of $6B Credit Card Settlement

House and Senate Committees Approve Fiscal Bills Including Changes for CFPB

Contributions to Retirement Plan Excluded from CMI

The 986 Words That Have Guided First Party Outsourcing for 15 years

QR Codes Mean FDCPA Trouble Says PA Federal Court

Good News In Debt Collection “Benign Language” Envelope Case

New York Appellate Court Confers Standing on Assignee of Note Previously Discharged in Bankruptcy

A Law to Kill Zombie Debts That Outlasted Bankruptcy

Teacher Discharges Loads of Student Loans in Bankruptcy. ECMC Fights Back

Regulators Want More Details on Insurers’ Living Wills for Bankruptcy

Bill Would Allow Consumers To Sue When Bankrupt Debt Isn’t Removed From Credit Reports

Federal Lawmakers Propose Credit Reporting Changes

NACBA Events

NACBA Webinars Web Banner (1) 

Free Webinar for all NACBA Members!

Register for the Effective (And Ethical) Online Marketing  For Law Firms on Wednesday, August 26, 2015  at 2:00 PM EST/11:00 AM PST. Join Fred J. Cohen, JD, is the founder and CEO of Amicus Creative Media as he discusses how to establish a comprehensive online presence that will increase your exposure.

NACBA’s 24th Annual Convention!

Save the Date for the 24th Annual NACBA Convention in San Francisco, May 19-22, 2016!

NACBA Benefits

The NACBA Listserv is one of most popular features of NACBA membership. It gives NACBA Members the ability to pose bankruptcy questions and get real time responses from their colleagues around the country. When you join NACBA you have the opportunity to enjoy the unparalleled ability to post both the easy and hard questions to some of the best consumer bankruptcy attorneys in the nation.

NACBA’s Consumer Bankruptcy Journal

Your staff contributes to your firm’s success.What are the  behaviors that matter to you most when hiring and retaining employees? ? NACBA Member Ken Chern addresses these issues in, “The Behavior Selection Business,” by giving you suggestions on how to get out of the behavior modification business and into the behavior selection process.

NACBA Membership

Your NACBA Membership is an investment in you! Renew your membership today!

Join  NACBA to take advantage of education opportunities , the ability to network  with your peers and comprehensive benefits!

 

Bankruptcy News Briefs 7/28

 

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Finance Company Faces Possible TCPA Class Action

Scammers in Account Data Theft Reach Settlements

Appeals Court Reopens Lawsuit Against CFPB

Operation Choke Point Bill Set for Committee Mark Up

House Financial Services Committee Holds Final Dodd-Frank Anniversary Hearing

Credit Card Debt Burdens Vary Across Largest 25 Cities in the U.S.

Press Release Opposing Section 52106 in Senate Highway Trust Fund Bill Mandating IRS to Use Private Debt Collectors,

Drop in Commodity Pricing, Liquidity Drives ‘Upstream’ Bankruptcy Filings

People Fare Better After Filing Bankruptcy

Fitch: U.S. Consumer Bankruptcies Set to Fall to Eight-Year Low

NACBA Events

NACBA Webinars Web Banner (1)  Free Webinar to All NACBA Members!

Register for the Effective (And Ethical) Online Marketing  For Law Firms on Wednesday, August 26, 2015  at 2:00 PM EST/11:00 AM PST. Join Fred J. Cohen, JD, is the founder and CEO of Amicus Creative Media as he discusses how to establish a comprehensive online presence that will increase your exposure.

The Presentation Will Cover:

– Establishing your branding and striking imagery to powerfully resonate with prospects, clients and colleagues
– Overview of how search engines can increase your online exposure, keywords to consider and tips on enhancing search performance.
– Turning your website into a potent resource How to use legal content to convey credibility
– Overview of blogging, its benefits and best practices
– Utilizing effective top of mind marketing tools to supercharge referrals
– Criteria for selecting a provider

NACBA’s 24th Annual Convention!

Save the Date for the 24th Annual NACBA Convention in San Francisco, May 19-22, 2016!

NACBA Benefits

Amicus Creative Media

Does your firm need a comprehensive website  that increases visibility, generates new business and supercharges referrals? Amicus Creative Media is the solution. As the Preferred Website Developer for NACBA, all members can receive a semi-custom website package for only $1199 (usually $2250). These powerful websites include:

– Captivating designs
– Professional content written exclusively for NACBA Members
– Integrated site tools such as click to call technology, e-newsletter management and an online consultation request tool
– Unparalleled white glove support to help you every step of the way

NACBA’s Consumer Bankruptcy Journal

As NACBA gears up for the 24th Annual Convention in San Francisco we can’t help but to reminisce on the success of NACBACHI! Walk back down memory lane with us in “Sweet Home Chicago: Scenes From #NACBACHI,” in The Consumer Bankruptcy Journal.

NACBA Membership

Stay connected and up to date on the relevant topics through your NACBA Membership. Renew Today!

Join NACBA and take advantage of the networking, education and resources NACBA offers!

 

Bankruptcy News Briefs 7/27

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Court Unexpectedly Revives Constitutional Challenge to CFPB

Bill Could Revive IRS Use of Private Collection Agencies

Contributions to Retirement Plan Excluded from CMI

HOA Super Priority Legal Battles Continue in the Silver State: What Senate Bill 306 Means for Nevada HOAs, Lenders and Homeowners

Taxpayers may owe billions in student loans

Bankruptcy Court Wants to Discharge Spousal Consolidation Student Loans. Educational Credit Management Corporation Says, “Not So Fast.”

Wes Moss: Average American holds more debt than Greece

Phillip Shrotman: Parents’ student loan trap

Sen. Ted Cruz introduces bill to abolish CFPB

 

Upcoming Events

NACBA Webinars Web Banner (1)     Free Webinar to All NACBA Members!

Register for the Effective (And Ethical) Online Marketing  For Law Firms on Wednesday, August 26, 2015  at 2:00 PM EST/11:00 AM PST. Join Fred J. Cohen, JD, is the founder and CEO of Amicus Creative Media as he discusses how to establish a comprehensive online presence that will increase your exposure.

The Presentation Will Cover:

– Establishing your branding and striking imagery to powerfully resonate with prospects, clients and colleagues
– Overview of how search engines can increase your online exposure, keywords to consider and tips on enhancing search performance.
– Turning your website into a potent resource How to use legal content to convey credibility
– Overview of blogging, its benefits and best practices
– Utilizing effective top of mind marketing tools to supercharge referrals
– Criteria for selecting a provider

NACBA’s 24th Annual Convention!

Save the Date for the 24th Annual NACBA Convention in San Francisco, May 19-22, 2016!

NACBA Benefits

USI Affinity is the NACBA’s exclusive member benefit insurance administrator of group insurance programs for qualified NACBA members. Check out USI Affinity  for competitively priced medical insurance programs, professional liability, RxCut® Prescription Discount Card, Auto and Homeowners insurance, travel insurance, pet insurance and more.

NACBA’s Consumer Bankruptcy Journal

Read what NACBA Member David Leibowitz says about protecting your client against aggressive debt collectors in “Building a Better Automatic Stay Violation Claim,” featured in this edition of the The Consumer Bankruptcy Journal.

NACBA Membership

Don’t Allow Your NACBA Membership to Lapse, Renew Today!

Take Advantage of All NACBA Offers, Join Today!

Bankruptcy News Briefs 7/24

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The Costs of the Dodd-Frank Act for Financial Service Industries

Naked Liens – Stripping Prohibited

CentsAbility: Creditors’ Rights Law Update – If you Have an Objection, Speak Now or Forever Hold Your Peace

The Education Department Is Failing Students Who Got Defrauded

Chase stops collecting from half-million consumers

Student Lending Company Fined for Alleged Billing Scheme

Discover Bank Fined for Illegal Collections

CFPB Files Complaint Against Student Financial Aid Services, Inc.

Another Reason For Collectors To Be Cautious When Calling Consumer Cell Phones

Upcoming Events

Register for the Effective (And Ethical) Online Marketing  For Law Firms on Wednesday, August 26, 2015  at 2:00 PM EST/11:00 AM PST. Join Fred J. Cohen, JD, is the founder and CEO of Amicus Creative Media as he discusses how to establish a comprehensive online presence that will increase your exposure, enhance your credibility and foster referrals while following the Rules of Professional Conduct. Free to All NACBA Members!

Save the Date for the 24th Annual NACBA Convention in San Francisco, May 19-22, 2016!

NACBA Benefits

Fastcase

Each NACBA member receives FREE, as part of his/her membership, access to Fastcase’s bankruptcy database. In addition, NACBA members are eligible to purchase Fastcase’s “Premium Plan,” which includes access to a database of opinions of the supreme courts and courts of appeal of all 50 states, at an annual rate of just $195 compared to the non-member annual price of $995.

NACBA’s Consumer Bankruptcy Journal

NACBA Member Steve Berken gives seven ways to cultivate a mental attitude of peace and happiness when dealing with the sometimes stressful world of consumer bankruptcy in his article,“The Myth of Pandora.”

NACBA Membership

Your NACBA Membership is an investment in you! Renew your membership today!

Join NACBA to take advantage of education opportunities , the ability to network  with your peers and comprehensive benefits!

Bankruptcy News Briefs 7/22

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Consumer Advocates Applaud DOD Move to Protect Troops from Predatory Lending,

Funds from Consent Order Not Estate Property

Dodd-Frank Anniversary Celebrated with More Fighting

Consumer Credit Default Rates Increase

Regulators Fine Citigroup $770M Over Credit Card Add-On Products

LifeLock Allegedly Violated FTC Settlement

CFPB Issues Consent Order and Penalty Against CitiBank for Credit Card Practices

U.S. Rep. Jeb Hensarling Speaks Out Against Dodd-Frank Act

Department Stores National Bank To Pay $23.8M For Charging Fees on Collection Accounts

Taxpayers Could Lose Billions If Students Walk Away From Loans

Medicare Jurisdictional Bar Limits Bankruptcy Court Authority in Health Care Bankruptcy

Reversing the Trend: Will Congress Act to Except College Tuition Payments from Clawback in Bankruptcy? – Congress Weighs Legislation that May Preclude Suit by Bankruptcy Trustees Against Colleges and Universities to Recover a Bankrupt Parent’s Tuition Payments for a Student

Upcoming Events

Register for the Effective (And Ethical) Online Marketing  For Law Firms on Wednesday, August 26, 2015  at 2:00 PM EST/11:00 AM PST. Join Fred J. Cohen, JD, is the founder and CEO of Amicus Creative Media as he discusses how to establish a comprehensive online presence that will increase your exposure, enhance your credibility and foster referrals while following the Rules of Professional Conduct. Free to All NACBA Members!

Save the Date for the 24th Annual NACBA Convention in San Francisco, May 19-22, 2016!

NACBA Benefits

Did you read the latest edition of the Consumer Bankruptcy Journal?

NACBA Member Jay Fleischman gives an insightful look into “Non Bankruptcy Options for Student Loan Debtors,” in the summer edition of the Consumer Bankruptcy Journal.

Spend a summer evening under the stars watching the Yankees! NACBA Members receive special rates to attend Yankee home games as one of their member benefits. Check out the different levels of discounts and the games available!

NACBA Membership

Stay connected and up to date on the relevant topics through your NACBA Membership. Renew Today!

Join NACBA and take advantage of the networking, education and resources NACBA offers!

Bankruptcy News Briefs 7/17

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Minnesota Fines Collection Agency for Alleged Harassment

Foreclosure Starts at 10-Year Low

Cordray Testifies About CFPB’s Report

CFPB Deputy Director Announces Resignation

CFPB Focuses on Debt Collection in First Monthly Complaint Report

Consumers Cautiously Optimistic about the U.S. Economy Outlook

Proposed law would require creditors to show a zero balance for debt discharged in bankruptcy

Congress may have to protect consumers from the Consumer Financial Protection Bureau

TCPA Post-Mortem – Don’t Restart Your ATDS Yet

Upcoming NACBA Events

Register for the July 21st Webinar: Security Clearances & Bankruptcy.  Hear Featured Presenters: Michael Jones Esq., Judge Advocate, U.S. Army, Tara Twomey Esq. review different types of security clearances, the impact of bankruptcy, and how the client might mitigate potential effects.

Save the Date for the 24th Annual NACBA Convention in San Francisco, May 19-22, 2016!

NACBA Benefits 

Read NACBA Member David Levin’s article, When Filing Proof of Claim Violates the FDCPA,” in the latest edition of the Consumer Bankruptcy Journal.

‘Don’t fall behind in your CLE’s! NACBA members are entitled to a 15% discount off all CLE courses and bundles with Continuing Legal Education: On Demand with Attorney Credits.com

NACBA Membership

Your NACBA Membership is an investment in you! Renew your membership today!

Join NACBA to take advantage of education opportunities , the ability to network  with your peers and comprehensive benefits!

 

 

Bankruptcy News Briefs 7/15

NACBA/ NCLC: Comments to the Consumer Financial Protection Bureau on Information Regarding Student Loan Servicing

Appeals Court Rules Against Debt Collector

Florida AG Warns About Scams Rising

Department of Education and Corinthian Student Committee Reach Debt Relief Agreement

Judge Issues Order Denying Defendant’s Motion to Dismiss in CFPB v. Hanna Debt Collection Litigation

Payday Lender Prepaid Cards: Overdraft and Junk Fees Hit Cash-Strapped Families Coming and Going,

Growing Consensus Permits Lien Strip in Chapter 20

AG: Chase to pay $136 million settlement, correct unlawful credit card debt collection practices

Read Building a Better Automatic Stay Violation Claim by NACBA Member David Leibowitz in the Summer Edition of the Consumer Bankruptcy Journal

Benefit Alert! NACBA Members save up to 25% off processing fees by accepting debit and credit card payments through the LawPay: Credit and Debit Card Processing! 

Bankruptcy News Briefs 7/14


New York Fed Releases Overview of U.S. Economy

DOJ Responds to Professional Misconduct Concerns Regarding Operation Choke Point

ACA Files Amicus Brief on Merits in U.S. Supreme Court Case that Could Substantially Reduce Frivolous Litigation Against Members

Payday Lending Expansion Vetoed in Wisconsin

Auto Loan Relief Firm Banned

Debt Collectors Must Prove Intent for Third-Party Calls

Looking for a Place to Find All Your Bankruptcy News…Join NACBA

Bankruptcy News Briefs 7/13

TCPA Ruling Released by FCC

House Financial Services Committee Starts Series of Hearings on Dodd-Frank Act

CFPB Issues Guiding Principles for Faster Payment Networks

ACA International Files Lawsuit Against FCC Citing that a Recent Ruling on the Telephone Consumer Protection Act is at Odds with the Original Intent of the Law

New York Court of Appeals Reverses Lower Court Decision and Upholds Local Law 15

Must Read – Why Filing Stale Claims in Bankruptcy Violates the FDCPA

Student Loan Co-Signers Face a Tangled Path to a Release

Arizona bankruptcies down sharply

Student Loan Consolidation Could Be Next Growth Opportunity

Register for Next Week’s Webinar, ‘Security Bankruptcy & Clearances’ on July 21st!

Renew Your NACBA Membership and Reap the Benefits!

Join Your Colleagues and Become a NACBA Member Today