Consumer Bankruptcy Attorneys

Bankruptcy News Briefs 3/1

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Collection Letter Containing Check Box to Dispute Debt Created Potential FDCPA Claims, Federal Court Rules

ACA International Publishes Dispute of CFPB Consumer Survey

Debt Collection Complaints Decline to Start 2017

Illinois AG Cracking Down on Fraud in the For-Profit College Industry

CFPB Mortgage Complaints Hold Steady

American Consumer Debt Over $4.1 Trillion – Last Debt Bubble Peak was at $2.5 Tn

Could the $1.3T of College Debt Spark the Next Financial Crisis?

Household Borrowing Accelerates at Year-End

Judge certifies NY class action over big debt collector’s high rates

Illinois Appellate Court Holds that the Statute of Limitations for TILA Counterclaims to Debt Collection Actions is not Indefinite

Consumer Financial Protection Bureau snapshot spotlights credit reporting complaints

Price of Admission: Student-Loan Debt and the Burden on Parents

Upcoming NACBA Events

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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 for the Early Bird Rate that ends March 17th, 2017 for savings!

Register Today for Two New NACBA Webinars in March!

10 Critical Numbers That Will Determine the Success or Failure of Your Law Firm
Date: Tuesday, March 14, 2017, 2:00 PM-3:00 PM ET
Presented by: Stephen Fairley, The Rainmaker Institute
Cost: No Fee – NACBA Member Benefit
Register HERE

What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
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!

NACBA Membership Promotion!

Renew your membership this month 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 January 2017 through July 2017. Renew Today!

Bankruptcy News Briefs 2/28

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Validation Notice Including Request For Payment And Identifying Creditor By Acronym Does Not Violate FDCPA

Trump administration aims to strip power from CFPB

Credit Access Grows in Credit Card, Auto and Personal Loan Markets

Pollack & Rosen accused of using deceptive acts to collect alleged debt

NAFCU to CFPB: Pull credit unions out from under your authority

Wells Fargo to Settle Two Separate TCPA Class Actions Totaling Over $17.7M

Trump is right: Student loan debt an ‘albatross’ on families, young people

What’s Yours is Mine and What’s Mine is For the Benefit of My Creditors: Bankruptcy Courts Remain Reluctant to Impose Constructive Trusts on Debtor Property

Upcoming NACBA Events

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Register Today for Two New NACBA Webinars in March!

What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Register HERE

Receive a $25 Amazon Gift Card!

NACBA Membership Promotion!

Take Advantage of This Awesome NACBA Member Benefit!

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NACBA is rooting for their members to succeed and we’re always searching for opportunities to enhance your membership with practical benefits that you can utilize in your every day bankruptcy practice. We are so excited to announce our new member benefit in conjunction with The Rainmaker Institute. You will receive a FREE 30 minute Strategy Session with one the Rainmaker Institutes’s expert Advisors. This session can help you lay out a strategy that will help you catapult your firm to the next level. Here’s what you can expect:

Who are the Consultants of the Rainmaker Institute:

The law firm marketing consultants at The Rainmaker Institute specialize in helping small to medium-sized law firms generate more clients and increase revenue fast.Since 1999, the Rainmaker Institute has helped over 18,000 attorneys create successful and sustainable law practices.

What Can You Focus on During the Strategy Session?

Lead Generation: Getting more leads for your law firm
Lead Conversion: Converting more of your leads into paying clients
Client Retention: Keeping your promises to your clients, providing excellent service so they refer more business and come back
Web Presence Analysis: Are you number 1 on Google? Does your existing website generate new business? We will provide an objective analysis of your overall web presence and suggest strategies to maximize your ability to convert leads into paying clients via cyberspace.

Space is Limited so Take Advantage of this Opportunity! Visit Rainmaker Institute to Sign Up Today.

Bankruptcy News Briefs 2/27

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SCOTUS Declines to Decide Late-Filed Tax Return Issue

Consumer Litigation Filings Show Universal Increase in January

President Donald Trump Issues Another Executive Order to Curb Regulations

Bank Card Default Rates Post Significant Gain in January

Debt collector accused of misrepresentation

Banks must weigh inevitable backlash to Dodd-Frank rollback

Mortgage Servicer Defeats Class Certification Over Collection Practices Allegedly Targeting Discharged Mortgage Debts

Paid Rejection: Bankruptcy Court Allows Professional Fees Despite Trustee’s Flawed Strategy

pcoming NACBA Events

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Register Today for Two New NACBA Webinars in March!

10 Critical Numbers That Will Determine the Success or Failure of Your Law Firm
Date: Thursday, March 2, 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

What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Register HERE

Receive a $25 Amazon Gift Card!

NACBA Membership Promotion!

Upcoming NACBA Webinar March 14th! Register Today!

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FREE WEBINAR FOR NACBA MEMBERS!

10 Critical Numbers That Will Determine the Success or Failure of Your Law Firm
Tuesday, March 14th, 2017, 2:00 PM-4:00 PM Eastern

Key Performance Indicators (KPIs) are the numbers that make your law firm run. By analyzing these critical metrics, Partners and Owners of law firms can determine whether they are on track to achieve their financial goals or if they need to retool and refocus their marketing and business development efforts.

In this fast paced webinar, attorneys will learn:

How to identify the 10 key metrics your law firm needs to track and measure
How to set up a system to identify these numbers
The 5 critical systems every law firm must have
CPL and CPC: the 2 most important numbers every attorney must know in order to succeed
How to avoid “paralysis by analysis” and being overwhelmed by too much data
Delegating roles and responsibility to your staff
Using software to track your KPIs
What are the best practices used by the fastest growing consumer law firms to double their conversion rates in 3-6 months

Stephen Fairley with Rainmaker Institute cuts through the clutter and gives you clear and easy to understand guidance on which numbers really matter the most, how to track this information, and what to do with it once you have it!

You won’t want to miss the webinar chock full of useful information! Register Today!

Bankruptcy News Briefs 2/23

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CFPB Requests Information on Proposed Student Loan Data Initiative

Defending the CFPB

CFPB’s First Jury Trial to Test Agency Overreach

Woman claims debt collector filed suit in different county to coerce her into paying alleged debt

Consumer Activists Decry Bill to Limit Class-Action Lawsuits

Bankrupt Single Mom Can Get Rid of Student Loans

Lawyers Lose $100,000 Award Despite Bankrupt Client’s Lie

Application of Bankruptcy Law to Internet Assets

Black Knight Financial Releases Latest Foreclosure Findings

NACBA Membership Promotion! Have you Renewed Your Membership?

Receive a $25 Amazon Gift Card When You Refer a New Member to NACBA!

Upcoming NACBA Events

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Save the Date! New NACBA Webinar in March

What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Registration opens soon

Bankruptcy News Briefs 2/22

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BAP Takes Realistic Approach to Undue Hardship Analysis

Court Holds Collection Calls to a Wrong Person’s Home Phone are not a TCPA Violation

Industry Group Tells CFPB to Support Consumer’s Right to Financial Data Access; Don’t Forget Accounts in Collection!

Bill Seeks Changes in CFPB Funding Source

Can this small Texas bank jump in on PHH’s fight with the CFPB?

The CFPB has a database with 700,000 consumer complaints

Consumer alleges debt collector broke law

All bills targeting student debt fail this session

Stanislaus Credit Control accused of attempting to collect discharged debt

Federal Reserve Bank Of New York: Consumer Credit Is Deteriorating

Bankruptcy Is Not A Borrower Antidote For Loan “Default Interest”

Individual States Try to Address Student Debt

Student Loan Debt Still Tops Credit Card Debt In America

Upcoming NACBA Events

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Save the Date! New NACBA Webinar in March

Receive a $25 Amazon Gift Card!

NACBA Membership Promotion!

Bankruptcy News Briefs 2/21

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National Consumer Law Center Statement on Appellate Court Order to Vacate and Review Questionable Decision on Trump Power over Consumer Watchdog

Court Denies “Comfort Order” to File Late POC

Legislation to Change CFPB Budget Oversight Returns to Congress

Petitioners Seek Prior Express Written Consent for All Autodialed Calls to Cell Phones Under the TCPA

Appeals Court to Rehear Constitutionality of Consumer Protection Bureau Structure

Hensarling compares CFPB to a tyranny

Texas lawmaker wants to send ‘zombie debt’ to the grave

American Debt Set to Pass Financial Crisis High. 3 Reasons Not to Panic, Yet

Keepin’ It Classy: Court Certifies Class-Action for Alleged FDCPA Violations

The TCPA and Risk of “Sabotage Liability”

Breakaway Senate Dems push student debt relief in New York State budget

Court Rejects Lender’s Objection to Payment of Debtor’s Counsel’s Fees and Expenses from Pre-Petition Retainer

Mortgage Delinquency Reaches Plateau

Student Loan Debt In 2017: A $1.3 Trillion Crisis

Upcoming NACBA Events

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Save the Date! New NACBA Webinar in March

Receive a $25 Amazon Gift Card!

NACBA Membership Promotion!

#NACBA25 Highlight

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Friday, May 5th

4:15 PM- 5:30 PM

Not all student loan debt is created equal. Enhance your practice by assisting new and past clients with student loan debt. In “Debunked: Dischargeability of Student Loans,” Bethany Lape and Austin Smith explore recent case law that challenges this well-known myth and common scenarios that you will encounter. You will learn how to simplify the process with a new tool in Best Case® Bankruptcy which can help identify next steps using built-in tools and documents. Plus, review the Jurisdictional Scorecard™ to learn the likelihood of discharging student loan debt in your area.

More About Our Presenters:

Bethany Lape

Bethany Lape is the Director of Products at CINgroup and has worked for over ten years to provide products and services for both bankruptcy attorneys and debtors. The problem of student loan debt has been of particular interest to her, and she has been passionate about developing a tool to help attorneys find solutions for their clients. Bethany believes bankruptcy attorneys will play an essential role in resolving the student loan debt epidemic.

Austin Smith

Austin Smith is a litigator who focuses on discharging private student loans in bankruptcy. Smith’s article, The Misinterpretation of 11 USC 523(a)(8), was foundational in articulating the proper scope and application of the student loan non-dischargeability provision of the Bankruptcy Code, and its arguments and reasoning have been adopted by bankruptcy courts all across the country. Smith’s work on behalf of debtors has been profiled by the Wall Street Journal, NPR, ABC News, Fox News, The Financial Times, the National Law Journal, the American Bankruptcy Institute, and more.

Register for These Great Sessions & More at NACBA25