Consumer Bankruptcy Attorneys

Bankruptcy News Briefs 2/15

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FTC Releases 2016 Highlights Report on Education, Enforcement

Fourth-Quarter Consumer Spending Grows at Solid Pace

Interim Guidance Says 2-for-1 Regulation Rule Doesn’t Apply to CFPB

FTC Announces $700,000 Settlement with Debt Collector

Say goodbye to the controversial CFPB consumer complaint database?

Rep. Jeb Hensarling on CFPB and Dodd-Frank Regulations

FTC Says It Filed 12 Cases Against Illegal Debt Collection Practices In 2016

Repeated automated debt collection calls are a ‘concrete injury’ under Spokeo, federal law, judge says

A Look at the Shocking Student Loan Debt Statistics for 2017

Consumers Are Too Giddy When It Comes to Borrowing

Upcoming NACBA Events

nacba25

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 3rd, 2017 for savings!

Save the Date! New NACBA Webinar in  March

NACBA Webinars Web Banner (1)

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

 

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 Brief 2/14

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These lawyers may have discovered a way to wipe away student debt in bankruptcy

Democrats and Consumer Groups Seek Reconsideration in PHH Case

Specifics of Hensarling Plan for CFPB Discovered in Leaked Memo

Democrats May Have Upper Hand in Fight to Preserve CFPB

Adjust the rules to help consumers: Second Look

It’s confirmed: CFPB doesn’t need to follow Trump’s executive order on regulations

IRS Debt Collection Program May Lead to Confusion, Help Scammers

Real issue for debt collectors is the irrelevance of telephones

Upcoming NACBA Events

nacba25

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 3rd, 2017 for savings!

Save the Date! New NACBA Webinar in  March

NACBA Webinars Web Banner (1)

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

 

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 NACBA Membership

We want you to have access and the member rate to all of NACBA’s exciting upcoming events in 2017, especially our 25 year celebration at the Annual Convention. Take a moment today to Renew your membership or if your not a member of NACBA there is no better time to Join!

 

Bankruptcy News Briefs 2/13

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2016 Consumer Financial Services Year In Review And A Look Ahead

The Watchdog Protecting Consumers May Be Too Effective

Employers Beware: Ninth Circuit Finds Inclusion of Liability Waiver in FCRA Background Check Disclosure Form is a Willful Violation

Wisconsin bankruptcy filings lowest in 9 years at over 16.8K

Florida woman’s lawsuit against debt collector outside the norm

Haunted by Student Debt Past Age 50

CFPB: Mortgage Payment Issues a Top Complaint

Foreclosure Litigation Strategy Takes Aim at Seniors, Attorneys Say

A new age of debt

Upcoming NACBA Events

nacba25

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 3rd, 2017 for savings!

Save the Date! New NACBA Webinar in  March

NACBA Webinars Web Banner (1)

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

 

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 NACBA Membership

We want you to have access and the member rate to all of NACBA’s exciting upcoming events in 2017, especially our 25 year celebration at the Annual Convention. Take a moment today to Renew your membership or if your not a member of NACBA there is no better time to Join!

Bankruptcy News Briefs 2/8

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How President Trump could gut America’s consumer watchdog

The CFPB Keeps a Database That Banks Can’t Wait to Wipe

Tom Pahl Named Acting Director FTC Bureau of Consumer Protection

The NBCSL Calls For DebCollection Reform

Growth in Consumer Borrowing Slowed in December

Spokeo-Based Challenge to TCPA Lawsuit Denied by Illinois Federal Court

Trump can vastly affect student loan debt with these possible changes

Upcoming NACBA Events

nacba25

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 3rd, 2017 for savings!

Save the Date! New NACBA Webinar in  March

NACBA Webinars Web Banner (1)

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

 

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 NACBA Membership

We want you to have access and the member rate to all of NACBA’s exciting upcoming events in 2017, especially our 25 year celebration at the Annual Convention. Take a moment today to Renew your membership or if your not a member of NACBA there is no better time to Join!

Bankruptcy News Briefs 2/7

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FTC Announces Director of Consumer Protection Bureau Jessica Rich Will Step Down

Consumer and Collector Groups Work Together to Offer Spanish Version of Free Consumer Guide to Responding to Legitimate Debt Collectors, Avoiding Scams

Senate Bill Proposes 5-Member Board Structure For CFPB

Prepaid-Card Companies May Get Reprieve on CFPB Rule

Hunt & Henriques Inc. alleged to have violated debt collection laws

Ninth Circuit: Trustees Are Not “Debt Collectors” Under the FDCPA

Health Care Costs Number One Cause of Bankruptcy for American Families

Consumer alleges inaccurate credit reporting following bankruptcy

Upcoming NACBA Events

nacba25

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 3rd, 2017 for savings!

Save the Date! New NACBA Webinar in  March

NACBA Webinars Web Banner (1)

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

 

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 NACBA Membership

We want you to have access and the member rate to all of NACBA’s exciting upcoming events in 2017, especially our 25 year celebration at the Annual Convention. Take a moment today to Renew your membership or if your not a member of NACBA there is no better time to Join!

#NACBA Highlight

discharging-taxes-in-bankruptcy

Get Back to Basics!

Attend the “Discharging Taxes in Bankruptcy” Session!

Join Alex Dolhancyk, William Brewer, and Ray Schimmel as they cover the basics for determining the dischargeability of taxes in bankruptcy along with a short demonstration on how to read a tax transcript.  This session will include:
  • An overview on classifying tax liabilities
  • A review of tax filing requirements
  • The impact of tolling events

You can catch, “Discharging Taxes in Bankruptcy,” on Friday, May 5th from 2:30 PM- 3:45 PM.

Meet Your Presenters

avatar for Alex Dolhancyk

Alex Dolhancyk

With over 27 years of experience, attorney Alex Dolhancyk offers valuable insight into consumer bankruptcy cases. He is the current Georgia state chair for the National Association of Consumer Bankruptcy Attorneys (NACBA); is Board Certified in Consumer Bankruptcy Law by the American Board of Certification; and holds an LL.M (Master of Laws) in International Business Law from Emory University School of Law.

Attorney Dolhancyk has numerous reported bankruptcy cases, including Whaley v. Tennyson, 611 F.3d 873, (11th Cir. 2010), where he argued on behalf of the debtor. He is also a member/advisor on the Bench and Bar Committee for the Bankruptcy Court in the Northern District of Georgia.

He received his B.A. from the University of Tennessee which he attended on a full basketball scholarship through an administrative error. He received his J.D. from Memphis State University (now University of Memphis) and is admitted to practice in the United States Supreme Court, 6th and 11th Circuits, and in Georgia, Tennessee, and New York.

 

avatar for William Brewer

William E. Brewer, Jr.

William E. Brewer, Jr. practices law with The Brewer Law Firm in Raleigh, NC. He graduated from the University of North Carolina, Chapel Hill with an A.B. in Economics in 1973 and a J.D. with Honors in 1976. He is certified as a specialist in consumer bankruptcy law by the North Carolina State Bar . Billy began his term as NACBA’s president in 2011 and has served as a director since 1997. He has served as a popular panelist at NACBA’s previous conventions and is noted for his sense of humor. Mr. Brewer was inducted as a Fellow into the American College of Bankruptcy in 2009.

avatar for Ray Schimmel

Raymond Schimmel

Raymond Schimmel has been licensed as an attorney in California since 1997.He has also held a CPA license in Colorado since 1992.He has filed over 1,000 consumer bankruptcy cases under Chapter 7 and Chapter 13 in the San Diego bankruptcy court and has been devoted to the bankruptcy practice area for the last fourteen years.He currently serves as the Southern California State Chair for the National Association of Consumer Bankruptcy Attorneys.He has been a contributor to Business Week Magazine and has been quoted in articles about toxic mortgages, credit card debt, and bankruptcy.Raymond Schimmel holds a law degree from the University of San Diego (USD) School of Law where he graduated in 1996.   At  USD School of Law he served as Assistant Editor for the Journal of Contemporary Legal Issues.He also holds a post-doctoral masters degree in taxation from USD School of law (LL.M.) 1998 and a masters in financial accounting from San Diego State University (SDSU) 1992.He graduated from college at SDSU and holds a bachelors degree in finance (1988).

Register Today and Celebrate Years of NACBA!

Bankruptcy News Briefs 2/3

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BREAKING: Federal Appeals Court Refuses to Let Democrat AGs and Consumer Groups Intervene in CFPB’s Constitutionality Case

Legislation to Reform Leadership Structure at CFPB Returns in 115th Congress

FCC Chairman Ajit Pai Announces Pilot Program to Improve Transparency

9th Circuit Rejects “Worthless” Settlement in FDCPA Voicemail Case Where Message Left Was Similar to One Proposed by CFPB

Woman claims debt collector continued to contact her after alleged debt was discharged

Illinois sues major student loan providers, alleges consumer fraud

If your spouse dies, you have to pay their medical debt, little-known state law says

Dodd-Frank’s Bankruptcy Provision Could Be a Trump Target

Most Consumers Still Debt Shy: Filene

Students need bankruptcy protection from crushing loans

Upcoming NACBA Events

nacba25

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 3rd, 2017 for savings!

Save the Date! New NACBA Webinar in  March

NACBA Webinars Web Banner (1)

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

 

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 NACBA Membership

We want you to have access and the member rate to all of NACBA’s exciting upcoming events in 2017, especially our 25 year celebration at the Annual Convention. Take a moment today to Renew your membership or if your not a member of NACBA there is no better time to Join!

Bankruptcy News Briefs 2/2

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Senate Republicans unveil bill to replace CFPB director with committee

1st Cir. Holds IRS 1099-A Forms Did Not Violate Discharge Injunction

Letter Asking Consumer to Consider Payment Arrangements and Requiring Signed Consent Judgment Deemed FDCPA Violation

PHH Files Supplemental Response to CFPB’s Rehearing petition; Opposes State AGs’ Motion to Intervene

Supreme Court pick could spell trouble for the CFPB

CFPB fines Mastercard, UniRush $13M for service failures

Debt collector pleads guilty to defrauding Lee, Collier HOAs

Arbitration Enforcement? The Potential Expansion of Debt Collection

It’s A Deficiency Decree, Not A Consumer Debt: FCCPA Does Not Apply To Actions For Deficiency

Consumer groups: Protect robocall limits on student debt collectors

Wisconsin bankruptcy filings lowest in nine years

Economist Presents Market Outlook, Good News on Consumer Spending Trends

Why some are worried student loan borrowers may get a flood of robocalls under Trump

Upcoming NACBA Events

nacba25

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 3rd, 2017 for savings!

Save the Date! New NACBA Webinar in  March

NACBA Webinars Web Banner (1)

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

 

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 NACBA Membership

We want you to have access and the member rate to all of NACBA’s exciting upcoming events in 2017, especially our 25 year celebration at the Annual Convention. Take a moment today to Renew your membership or if your not a member of NACBA there is no better time to Join!

 

Bankruptcy News Briefs 2/1

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PHH Files Supplemental Response to CFPB’s Rehearing petition; Opposes State AGs’ Motion to Intervene

Bankruptcy Filings Fall 5.9%, Reach Lowest Level Since 2006

NCBRC’s Year in Review

The CFPB Announces Plans to Upgrade its Company Portal for Consumer Complaints

CFPB orders Prospect Mortgage to pay $3.5 million for improper mortgage referrals

Is CFPB Subject to Trump Executive Orders? No Easy Answer

Victim of identity theft is harassed by debt collector: Money Matters

About half of consumers emotionally overspend, survey finds

Consumer groups urge new FCC chairman not to reverse robo-call limits for student debt collectors

Pennsylvania Judge Rules in Favor of Law Firm, Notes that Evidence Matters

Upcoming NACBA Events

nacba25

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 3rd, 2017 for savings!

Save the Date! New NACBA Webinar in  March

NACBA Webinars Web Banner (1)

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

 

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 NACBA Membership

We want you to have access and the member rate to all of NACBA’s exciting upcoming events in 2017, especially our 25 year celebration at the Annual Convention. Take a moment today to Renew your membership or if your not a member of NACBA there is no better time to Join!

#NACBA25 Highlight

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Friday, May 5th

10:30 AM-11:30 AM

Did someone say EVIDENCE?

Many attorneys don’t have a truly working knowledge of evidence law because they don’t understand the procedural framework within which evidence law operates.  John Cantrell and Professor Edward Imwinkelried’s presentation, “The Practicalities of Admitting or Objecting to Evidence in Bankruptcy Court,” will review the practicalities of the procedures for both the proponent and opponent of the proferred evidence.

The Presenters!

avatar for Prof. Edward J. Imwinkelried

Edward L. Imwinkelried Professor of Law Emeritus

Edward Imwinkelried could easily be a model for a character in crime fiction. News stories quoting him have included “Probers Use DNA Tests to Find Killer in Florida,” “Love-Triangle Killing: Defense Questions Police,” and “Will High-Tech Sleuthing Hold Up in Court?” To the country’s prosecutors and defense attorneys, he is the one to consult about the admissibility of scientific evidence and evidence of uncharged crimes.

“These are two very specialized areas of evidence,” said Imwinkelried. “They also happen to be the two areas that place a premium on creativity and imagination.”

Imwinkelried wrote the book on scientific evidence, literally and figuratively. The Supreme Court itself cited the book in its landmark 1993 case, Daubert v Merrell Dow Pharmaceuticals on expert testimony. Now in a forthcoming fourth edition, Scientific Evidence treats such subjects as DNA typing, forensic psychiatry, and laser techniques for fingerprint detection.

The admission of evidence of uncharged crimes, the topic of another of his books, is the “single most litigated issue on the criminal side of the law,” he said. Such evidence often looms large in cases of mass murderers. Before the O.J. Simpson trial, the Trial of the 20th Century was the prosecution of Wayne Williams for the Atlanta child killings. “Wayne Williams, for instance, was charged on two counts, but the hair and fiber evidence showed a pattern that pulled together 10 other killings,” said Imwinkelried. “Once a jury is allowed to hear that, the whole atmosphere of the trial changes and the likelihood of a conviction increases dramatically.

avatar for John Cantrell

John Cantrell

Register Today for #NACBA25