consumer bankruptcy attorney

Bankruptcy News Briefs 4/28

Statement of National Consumer Law Center’s Lauren Saunders Regarding the Regulatory Accountability Act of 2017

Order On Liability But Not Damages Is Interlocutory

Federal regulator ratchets up effort to regulate tribal lenders, suing four in California

Senate Banking Chair Sets Bipartisan Goal, Expects Clash on CFPB

UPDATED: CFPB hits SNAAC with another $1.25M penalty

Treasury secretary praises GOP Dodd-Frank rewrite, doesn’t endorse it

As Consumers Take On More Debt, Credit Card Losses Rise

Supreme Court Hears Oral Argument In Significant FDCPA Case

Arizona Provides Consumers Relief From Surprise Medical Bills

Foreclosure hell: Sacramento judge says Bank of America stalked and bullied family into losing home

A Glimpse Into the Consumer Bankruptcy Journal

Robert Hoglund, President and Founder of Hoglund Advertising & Analytics

Digital advertising can be lucrative and effective for attorneys if done correctly and that’s what Robert Hoglund’s article, “Digital Advertising for Lawyers, Part I” discusses in the newest edition of the Consumer Bankruptcy Journal. This informative article is one of a series, that will appear in the CBJ. In Part 1, Robert looks at warning signs to look for when approached by a digital ad agencies and what to look for as well.

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 4/27

Continued Scrutiny of Student Loans Serivcers

Massachusetts Bankruptcy Court Confirms that Chapter 13 Debtors May “Strip Off” Second Mortgages

House Financial Services Committee Could Vote on CHOICE Act Next Week

State Unemployment Agency Violated Discharge Injunction by Garnishing Debtor’s Wages After it had Notice of Bankruptcy Case, but Failed to Object to Discharge

40% of Americans spend up to half of their income servicing debt

House aims to rewrite consumer safeguards

Keys To Understanding The Legal Battle Brewing Between Ocwen And The CFPB

Consumers Show Signs of Frailty

Changes coming in the fall to how major credit score is calculated

Third Circuit agrees with lower court that Rooker-Feldman doctrine precludes claims in FDCPA case

Hundreds of military members owed refunds from auto lender

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

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 4/25

Federal Court Orders Collection Agency President to Pay $2 Million Civil Penalty

Governmental Regulatory Exception to Automatic Stay Applies to Contempt Proceeding

Colorado’s FDCPA Adds Media Requirements, Removes its Collection Agency Board

House Financial Services Committee to Discuss CFPB Reform Bill

Former Regulator Details CFPB’s Secret History of Stonewalling

West Virginia Law Revises Terms for Debt Collections

The IRS is outsourcing debt collection, expect tax collection scams to get worse

Borrowers Dealt Blow After Devos Rolls Back Reform Guidelines for Student Loan Borrowers

The Week Ahead: FSC to Hold Financial CHOICE Hearing

Second Circuit Holds that District Court Orders Determining Restitution Credits are Final, Appealable Orders

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

NACBA25 Checklist! Get Ready for An Awesome Convention!

Are you as excited for the 25th Annual Convention as we are? It’s right around the corner and we want you to be prepared and ready to enjoy what promises to be a memorable convention for everyone who attends! Here’s a quick checklist for you, so that you’re rearing to go to learn, network, and celebrate 25 years of NACBA!

  • Are You Registered? If you’re still haven’t registered that’s number one. But, no worries! Visit NACBA Registration it’s quick and seamless!
  • Have You Made Your Travel Arrangements? Although Walt Disney Dolphin Resort Hotel is sold out, there are still rooms available nearby, check out our hotel and travel section for a list of hotels. Also, get a discount on United, Delta, and Southwest airlines. Discount codes are available.
  • Choose The Sessions You’ll Attend: This is probably the hardest thing you’ll do at NACBA25 because there are so many informative and relevant sessions with incredible presenters! But none the less, you can’t be in two places at one time. So check out the schedule beforehand so you can plan your days.
  • Interested in a Pre-Convention Session? We have two pre-conventions sessions in 2017! The Student Loan Workshop and FDCPA Extreme will take place on Thursday, May 3rd. These are all day workshops at an additional rate. Make sure you register if you plan on attending.
  • Get to Know Our Sponsors and Exhibitors: NACBA couldn’t be more pleased with the Sponsors and Exhibitors at this year’s convention. Take a look at who will be there and make it a point to visit their booths.
  • Make a Mental Note to Visit our Sponsor BK Billing: Why? Because all convention attendees will receive a FREE copy of the 2017 United States Bankruptcy Code and Rules Booklet, 2017 Edition, but you’ll need to visit convention sponsor BK Billing exhibitor area.
  • Experience Disney Magic and Discounts! Don’t forget to get those discounted tickets for Disney Park, Universal Park and Sea World tickets! You’ll score big with the kiddos and your wallet will like you too!
  • Clear Your Schedule for Friday, May 5th from 6-9 pm: Why? So you can attend NACBA’s 25th Anniversary Party!

See you on May 4th-7th in Orlando, Florida!