consumer bankruptcy attorney

Bankruptcy News Briefs 5/17

Dig Into Today’s Headlines

Consumer Spending Rebounds in March; But First-Quarter Pace Slows Overall

CFPB Makes Somewhat Unsurprising Finding in the Ridiculously Complicated World of Student Loan Repayment

TransUnion Finds Struggling Consumers Pay Off Unsecured Personal Loans First

U.S. Supreme Court Rejects FDCPA Liability in Bankruptcy Proceeding

Bank Sanctioned Under FRBP 3002.1 for Seeking to Recover Fees and Expenses Outside the 180-Day Period

Report Documents How Older Americans are Increasingly Pushed into Poverty Due to Seizure of Social Security Benefits to Pay Defaulted Student Loans

The CHOICE Act is just Dodd-Frank 2.0. We can do better.

Household Debt Makes a Comeback in the U.S.

Delinquencies Drop in First Quarter

This is why the most vulnerable student loan borrowers struggle to get back on track

A “Pro-Creditor” Supreme Court Decision That Does No Favor for Banks

Building a 7-Figure Lifestyle Law Firm: Moving from a Busiess Operator to a Business Owner
Date: Thursday, June 1, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, The Rainmaker Institute
Cost: No Fee – NACBA Member Benefit
Register HERE

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!

Renew Your Membership in May 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.

PlayBack NACBA

Do you wish you could experience the 2017 Convention all over again, is there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25!  Visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Free Upcoming NACBA Webinar! Register Today!

 

There are 3 stages every law firm goes through to break the 7-figure barrier. At each stage there are different challenges that must be faced and overcome to grow to the next level. Since 1999, The Rainmaker Institute has trained over 18,000 attorneys and helped hundreds of their clients break 7-figures. If you’ve struggled to scale to a million dollars or more in your law firm you need to attend NACBA’s upcoming webinar, “Building a 7-Figure Lifestyle Law Firm: Moving from a Business Operator to a Business Owner,” with Stephen Fairley of the Rainmaker Institute on June 1st, and discover :

  • What are the 5 key challenges you must face to grow to the next level
  • How to go from being an business operator to a business owner
  • The 10 major parts of every successful law firm
  • Specific steps you must take to build a lifestyle law firm that provides the income you want to enjoy the life you want

Register today it’s FREE for NACBA Members and Join us from 2:00 PM-3:00 PM ET.

Bankruptcy News Briefs 5/16

Get a Glimpse Into Today’s Headlines…

New Financing Options for Insured Patient Self-Pay Accounts Shift Risk Away from Providers

SCOTUS Finds Time-Barred POC Not FDCPA Violation

Another “Tax Consequence” Case, Another Decision – This One Positive for Collectors

In Determining Whether Debts are Primarily Consumer or Business Debts for Means Test Purpose, the Terms “Debt” and “Claim” are Synonymous

Project Launches to Test New Kind of Self-Help for Consumers Who are Sued for Debt Collection

Op-ed: Bill would gut financial consumer protections

Easing the Debt Crisis for Older Americans

CFPB Settlements: It’s Not Over Until It’s Over

Building a 7-Figure Lifestyle Law Firm: Moving from a Busiess Operator to a Business Owner
Date: Thursday, June 1, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, The Rainmaker Institute
Cost: No Fee – NACBA Member Benefit
Register HERE

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!

Renew Your Membership in May 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.

PlayBack NACBA

Do you wish you could experience the 2017 Convention all over again, is there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25!

You read correctly! Since you were an attendee of #NACBA25 you have a  3 Month Fast Pass Complimentary Activationfor Playback NACBA thanks to our sponsor, Best Case, The Cingroup Family. When you activate your complimentary pass you’ll be able to catch all the magic that happened during the convention. You’ll have access to the sessions and speakers that made #NACBA25 such a su have a  3 Month Fast Pass Complimentary Activation for Playback NACBA thanks to our sponsor,uccess. You’ll also have the opportunity to upgrade your package with a Seasons Pass or Work Package for an additional cost. Activate your Fast Pass Today!

Bankruptcy News Briefs 5/15

Consumers’ Financial Outlook Reaches Record High in Fed Survey

Electronic Payments Step Four – Don’t Forget the FDCPA, the Consumer’s Rights, or the Proper Notices

Third Circuit Applies Beard Test to Late-Filed Return Issue

U.S. Supreme Court to Review Scope of “Settlement Payment Defense” for Bankruptcy Clawback Suits

ADVOCATES FROM 36 STATES HEAD TO CONGRESS TO COUNTER UNPRECEDENTED ATTACK ON CONSUMER PROTECTIONS

District Court Affirms Ruling that Settlement Proceeds from Pelvic Mesh Injuries Were Acquired Post-Petition, and Not Property of the Estate, Since Debtor did Not Discover Product Defect Until After Filing Bankruptcy

District Court Takes on the Intersection of Bankruptcy and the FDCPA

FAQ: Recent Developments in US Law Affecting Pension and OPEB Claims in Restructurings (2017)

Prepaid Card Protections Likely to Escape Congressional Veto

Guy who fought Wells Fargo is angry about Republican attack on CFPB

Republican Threat to CFPB Rules May Mean Enforcement Boost

Two years after creation, state’s debt-recovery center is moving at ever-faster pace

No U.S. Private Debt Collectors for Americans Overseas: IRS

Debt Collector Abuse Is Raging In The Trump Era

The Conundrum Of Debt, Tax Cuts and The Economy

Can’t Pay Your Student Loans? The Government May Come After Your House

A student loan should not mean a lifetime of debt. Maine lawmakers can help.

Sacramento attorney disbarred for mishandling bankruptcy cases

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!

Renew Your Membership in May 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.

PlayBack NACBA

Do you wish you could experience the 2017 Convention all over again, is there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25!

You read correctly! Since you were an attendee of #NACBA25 you have a  3 Month Fast Pass Complimentary Activation for Playback NACBA thanks to our sponsor, Best Case, The Cingroup Family. When you activate your complimentary pass you’ll be able to catch all the magic that happened during the convention. You’ll have access to the sessions and speakers that made #NACBA25 such a success! Thanks to our sponsors you have a  3 Month Fast Pass Complimentary Activation for Playback NACBA. You’ll also have the opportunity to upgrade your package with a Seasons Pass or Work Package for an additional cost. Activate your Fast Pass Today!

Bankruptcy News Briefs 5/10

Student, Auto Loan Borrowing Reaches Highest Level in Five Months

Bankruptcy Filings Decline

Searching For The Meaning Of “Meaningful Involvement”

Lawmakers Push Bill Allowing Student Debt to Be Discharged in Bankruptcy

CFPB Updates Rules on Collecting Ex Parte Rulemaking Input

U.S. Government Officials Play Hardball On Student Loan Defaults

Chapter 20 and Who May Be a Debtor

CFPB: Consumer Prepaid Complaints Drop in Q1

Top 5 complaints against credit card companies

Reps. Katko, Delaney sponsor bill that would let student loan borrowers get bankruptcy discharge

11th Cir. Holds Post-Discharge Monthly Mortgage Statements Not Prohibited

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!

Renew Your Membership in May 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.

Subsscribe to NACBA Now Today!

Bankruptcy News Briefs 5/9

Treasury Awards Contracts for Collection of Non-Tax Debt; Could Student Loans Be Next?

Government’s “Police Power” Exception to Automatic Stay Does Not Apply to Government’s Enforcement of a Money Judgment Against Debtor

U.S. Supreme Court Rejects “Meaningful Attorney Involvement” Case

How the Affordable Care Act Drove Down Personal Bankruptcy

Nobody Answering the Phone; Student Loan Borrowers (and Taxpayers) Impacted Bigtime

What’s Inside the CFPB Enforcement Policies and Procedures Manual 2.0

Puerto Rico’s Fate Will Come Down to Decisions of a Single Judge

Debt Collection, Made Easier And … Gentler?

WHAT DID THE CFPB DO ABOUT WELLS FARGO OPENING UNAUTHORIZED ACCOUNTS?

This is the No. 1 reason Americans file for bankruptcy

Changes In Attitude, Changes In FinServ Regulatory Latitude

Stop Medical Bills from Driving You into Bankruptcy

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 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.

A Glimpse Into the Consumer Bankruptcy Journal

 

 

 

 

 

 

 

Christine Kieta, gives us the basics in her article“Basics for Non-Bankruptcy Litigation Lawyers,” in NACBA’s Consumer Bankruptcy Journal where she discusses; getting into bankruptcy court,  insulating your claim from a potential bankruptcy discharge and envisioning the battle lines for success.

Bankruptcy News Briefs 5/8

NACBA Applauds Bipartisan Effort to Discharge Excessive Student Loan Debt

D.C. Enacts Student Loan Servicer Licensing Requirement

FCC’s O’Rielly Says Legitimate Businesses Haven’t Effectively Told Their Story on TCPA

New Bankruptcy Rules to Take Effect December 1, 2017

Fair Arbitration Now Coalition Urges the House to Reject Legislation Stripping Federal Agencies of Authority to Restrict Forced Arbitration

Eleventh Circuit Disappoints on Undue Hardship Issue

More Companies Fight CFPB’s Enforcement Actions

The System To Collect Defaulted Student Loans Is No Longer Functioning

Millennials owe a record amount of debt, and it could become a huge drag on the economy

Rising Automobile Debt Foreshadows Impending Credit Crisis

Mortgage Default Risk is on the Rise

Trying Times for Secondary Market for Consumer Debts

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 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.

Bankruptcy News Briefs 5/4

Monthly Debt Collection Complaints and Consumer Litigation Filings Increase

A Loan Is Not an “Educational Benefit” for Dischargeability Purposes

House panel approves GOP Dodd-Frank rewrite

Court Rules Sending Validation Through CFPB Portal Does Not Satisfy FDCPA

Trump administration welcomes back student debt collectors fired by Obama

Courts Grapple with Fine Line between (Medical) Informational & Telemarketing Calls

CHOICE Act Markup Drags On After GOP Sinks Dem CFPB Amendments

CFPB Attempts to Deny Constitutionality Ruling Fast-Track

HOW HAS THE CFPB HELPED CONSUMERS DEALING WITH DEBT COLLECTORS?

Parent Cosigners Beware: Think Twice Before Taking On Your Child’s College Debt

U.S. Auto Sales Plunge Dramatically As The Consumer Debt Bubble Continues To Collapse

Charge-offs on Consumer Debts: The Kentucky Supreme Court Causes Shaky Ground to Collect Prejudgment Interest

FTC Issues “Advice” on Background Check Disclosure and Authorization Forms

Supreme Court Hears Oral Argument In Significant FDCPA Case

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 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

Having confidence that you’re going to get paid eventually is one thing, but there is no denying that paying for the costs of discovery in advance can be a real burden for consumer bankruptcy lawyers. This session will focus on learning how to distinguish between what discovery expenses are absolutely necessary. It will also address acceptable shortcuts / alternative means of evidence gathering that can go a long way in making the difference between the dream of adding the excitement and income from litigation to your consumer bankruptcy practice and making it a reality.

Meet Your Presenters

Thad Bartholow

avatar for Thad Bartholow

Thad Bartholow is a partner with the Dallas, Texas law firm of Armstrong Kellett Bartholow P.C.  In addition to consumer bankruptcy, Mr. Bartholow’s practice focuses on individual and class-action litigation on behalf of consumer debtors in state, federal, and bankruptcy courts.  He has spoken at local, regional and national conferences regarding issues related to consumer bankruptcy and consumer litigation, and Mr. Bartholow has obtained several favorable written opinions on issues related to objections to proofs of claims and creditors’ standing / status as a real party in interest with authority to participate in bankruptcy proceedings.  Mr. Bartholow is a member of NACBA, NACA, and a graduate of Max Gardner’s Bankruptcy Boot Camp.

Philip Zuzolo

Since 2007 Philip Zuzolo has been practicing consumer law in Northeast Ohio, concentrating on litigation involving the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Ohio Consumer Sales Practices Act, and the Real Estate Settlement Procedures Act in both the state and federal courts.  Attorney Zuzolo has also focused a great deal of his practice on litigating cases against creditors in the Bankruptcy Court for the Northern District of Ohio.

Attorney Zuzolo received a Bachelor of Arts from John Carroll University and his juris doctorate from The University of Akron School of Law.  Prior to law school, Attorney Zuzolo served in the United States Army and attained the rank of Captain.  He is admitted to the Ohio Supreme Court, the United States District Court for Northern and Southern Districts of Ohio, the United States Bankruptcy Court for the Northern District of Ohio, and the Sixth Circuit Court of Appeals.  He is a member of the Trumbull County Bar Association, National Association of Consumer Lawyers, the Board of Directors for ETI Technical College, and is a member and Secretary for the Nathaniel R. Jones American Inn of Court.  Attorney Zuzolo is a 2008 graduate of Max Gardner’s boot camp.  In 2016, Attorney Zuzolo was awarded with the Trumbull County Volunteer Lawyer of the Year award, as well as the Special Recognition Award from the Trumbull County Bar Association for his volunteer work.

Moderator 

Rachel Foley

Rachel Foley began her bankruptcy career with the United Auto Workers representing GM and Ford employees in Chapter 13 and 7’s. Rachel was the only bankruptcy attorney for the Missouri auto workers and it was not unusual for her to manage 3 – 4 times the regular attorney caseload at any given time. This provided a vast array of case scenarios, experience and knowledge that Rachel continues to pull from today. Where ever the client was located, the Union ensured the auto worker would have representation, including but not limited to being incarcerated in Leavenworth Federal Prison. Where ever that client was located, Rachel made sure they received the very best level of bankruptcy representation.

In addition to her training through the UAW, Rachel’s background as a Risk Manager for Clarkson Regional Health Center and 20 years’ experience in the emergency room as a Registered Respiratory Therapist, makes her uniquely qualified to argue a variety of cases. Rachel has been recognized for her constant commitment to the representation of debtors. Rachel is the inaugural winner of the K. Colleen Nunnelly Award by the National Association of Consumer Bankruptcy Attorneys and recognized by her peers as being the Best of the Kansas City Bar in the area of bankruptcy. These recognitions are in addition to being named to the Pro Bono Wall of Fame by the Missouri Bar Association.

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.