consumer debt

Bankruptcy News Briefs 11/15

Midweek Headlines…

Beware Holiday Shoppers: Deferred Interest Promotions Promise 0% Now, but Can Cost Big Bucks Later

Lawsuit accuses debt collector of unfair practices

Debtor’s Chapter 7 Fails 707(b)’s “Smell Test”

Win for Consumers: Second Circuit Reverses Debt Collection Suit

Amendments To The Federal Rules Of Bankruptcy Procedure Take Effect December 1, 2017

Another Industry Win in the Battle Over Interest Disclosures in Second Circuit

CFPB Provides Guidance on Consumer Data Protection

Freedom Debt Relief: CFPB “fundamentally misunderstands” debt settlement process

CFPB The CFPB Wants More Data On Free Credit Scoring Sites

U.S. Household Debt Reaches Record $13 Trillion: Watch Subprime Auto Loans

Speak Up About Student Loan Consumer Protections

AFBC Encourages Consumers to Check on Their Credit Report and Student Loan Accounts

The Student Loan Default Crisis for Borrowers with Children

Registration is Open for the 2017 Virtual Bankruptcy Workshop!

Examine the New and Amended Bankruptcy Rules, National Uniform Plan and Local Plans

December 7-8, 2017
12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
NACBA Member Fee: $199
Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Register HERE

  • You must be logged in to receive the member rate. See help video.

Registration is Open for the 2018 NACBA Annual Convention! 

Join us in Denver, Colorado at the Sheraton in Downtown Denver a beautiful and convenient location that is the perfect backdrop for this much-anticipated event. We couldn’t be more excited for you to experience our stellar and informative sessions, listen to our expert keynote speakers that include, Dr. Wendy Osefo,  Susan Carnicero, Rashmi Airan, and Amy Vetter, attend 1 of 3 Pre-Convention Sessions, along with the opportunity to network with your peers and colleagues, visit the expansive exhibit,  earn CLE, plus so much more!

We can’t wait to see you! Don’t delay Register by February 23rd, 2018 to receive the Early Bird Rate! 

Visit your go-to spot for everything #NACBADEN!

Save the Date

  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! 

Bankruptcy News Briefs 4/5

Collectors Take Note: FDCPA Litigation Over Letters Continues

Will FCC Loss in Junk Fax Case Have Positive Impact on TCPA Cases?

When a tax refund means bankruptcy

CFPB Director Richard Cordray will Testify Before House Financial Services Committee

The Week Ahead: Hope For Credit Growth

CFPB: Mortgage Complaints Up Slightly From 2015

IRS will use private debt collectors, but warns of potential scams

What JPMorgan CEO Dimon gets wrong about the student debt crisis

Vermont Lawyer Jean Murray Takes on the Debt-Collection Industry

Annual survey finds consumers have more credit card debt, less in retirement savings

Divorce and Credit Card Debt

Caveat creditor: Risks of filing an involuntary bankruptcy

Many Americans use tax refund to pay for bankruptcy filing

5 alarming facts about America’s $1.3 trillion in student loan debt

Student-Debt Overhang Is Pushing Down U.S. Rates, Dudley Says

NACBA25 is Only 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 12/15


Consumer Credit Delinquency Rates Expected to Rise in 2017

Judge Denies Prevailing Party’s Motion For Attorneys’ Fees in FDCPA Case

The CFPB’s Final Servicing Rule Is Still Unclear

When Banks Market To Colleges, Students Lose, Says CFPB

Madoff Victims Poised to Start 2017 With $342 Million in Payouts

36-Month Rule for Reporting Discharges of Indebtedness Is Repealed

TCPA Lawsuit Surges Ahead, Even Though Plaintiff Deleted Text Messages

Upcoming NACBA Events


Registration is Open for 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!


2016 Virtual Bankruptcy Workshop


There’s still time to Register for the second session of the 2016 Virtual Bankruptcy Workshop on Friday, December 16th from 12:00 PM-3:00 PM. If you register you can request access to the session one recording from Friday, December 9th.

COST: $99 NACBA Members, $199 Non Members

All Materials, Certificate of Attendance, Seminar Recordings, Live Q&A


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 at Sea; Now on Land With NACBA’s 2016 Virtual Workshop!

So you missed the NACBA Cruise? So did we but here is your chance to catch up!



NACBA is excited to announce our 2016 Virtual Workshop! Register for two days of informative sessions from the comfort of your office, home, or wherever is convenient for you! On Friday, December 9th and Friday, December 16th from 12:00-3:00 PM ET you’ll have the opportunity to listen to the experts discuss these hot topics:

  • The Cutting Edge: Hot Topics and Cool Trends Presented by: Tara Twomey, Esq.
  • Even Cruisers Have Fears: Getting Over Your Triskaidekaphobia! Straight talk about Chapter 13 Presented by: Hank Hildebrand Esq. & John Rao, Esq.
  • Dry Docking Aggressive Trustees: Getting the Overreaching Chapter 7 Trustee Out of the Water and on to the Shore! Presented by: Richard H. Nemeth, Esq. & Paul Maschmeyer Esq.
  • Find a Treasure Trove of Consumer Law Violations in your Bankruptcy Treasure Chest: Fair Debt, Credit Reporting, Telephone Consumer Protection Act. Booty awaits! Presented by: Cary Flitter, Esq.
  • Sailing the Supreme Court Seas: The Top Supreme Court Consumer Bankruptcy Decisions
    Presented by: Tara Twomey, Esq. & Henry Sommer, Esq
  • Anchoring your Divorce and Bankruptcy Practice: There’s a Hole in My Boat! The Stay Doesn’t Stay Everything Presented by: Hon. Sandy Karlan (Ret.) & Ian Falcone Esq.
  • Chasing the Elusive White Whale:Harpooning the Current Mortgage Issues You Have to Know Presented by: Max Gardner, Esq. & John Rao, Esq.

Give yourself a gift this December and Register Today!

Here are the details:

COST: $99 NACBA Members, $199 Non Members

All Materials, Certificate of Attendance, Seminar Recordings, Live Q&A

2 BONUSES: 1) The first 100 people to register will receive, at no additional cost, a copy of NCLC’s  Quick Guide to Federal Evidence and Objections 2) All attendees will be registered for a chance at winning 1 of 10 NCLC Consumer Bankruptcy Law & Practice 2016 Eleventh Edition.




Bankruptcy News Briefs 11/22


6th Cir. Rejects Debt Collector’s Efforts to Distinguish Campbell-Ewald Following Offer of Judgment Success in Trial Court

CFPB Files Amicus Brief in FDCPA Case About Social Security Benefits

CFPB Requests that a Federal Appeals Court Rehear Its Constitutionality Case

CFPB Seeks Public Input on Consumers’ Access to Financial Records

Poor oversight of a student loan benefit may be hurting military borrowers, GAO says

Federal court says Ohio law firm didn’t violate Fair Debt Collection Practices Act

Black Friday: The Holiday Surge In U.S. Consumer Debt And Spending

Upcoming NACBA Events

NACBA Webinars Web Banner (1)

Give yourself a gift and register for December’s Webinar!

Growing Your Bankruptcy Practice in 2017 and Beyond

Date: Wednesday, December 14, 2016
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 minutes)
Presenter: Richard James, CEO, Office of Richard James
Cost: No Cost to NACBA Members – Member Benefit

Register HERE

If you want to build a law firm that supports your lifestyle, instead of undermining it, then join Richard James on Wednesday, December 14th at 3 PM ET. If you want 2017 to be the year that you finally build the law firm of your dreams, then you have to be on this webinar training. Learn the key strategies that hundreds of Richard James’ clients are using to grow like never before. This is real world, in the trenches advice you can put to practice right away.

Celebrate 25 Years of NACBA!

Save the Date for NACBA’s Silver Anniversary Annual Convention

2017 NACBA’s 25th Annual Convention
Thursday, May 4’th – Sunday, May 7’th, 2017
Orlando, Florida

Interested in Sponsorship Opportunities at #NACBA25? Check out the Prospectus and join us in 2017!


Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 10/17

New Headlines Kicking Off the Week…


Update: Supreme Court to Hear Important Case Challenging FDCPA Liability for Time-Barred Claims

Navy Federal Credit Union Enters Into Consent Order With CFPB

Study: Growth in Younger Generations Changes Spending Patterns in U.S.

Debt Collection Industry Experts Consider Ramifications of Court Decision That Declared CFPB Structure Unconstitutional

Holding the line on consumer debt in Buffalo-Niagara

White House rejects Warren call to remove leader of SEC

The CFPB Picked The Wrong Fight And PHH Hit Back Hard

Supreme Court Update: Bosse V. Oklahoma (15-9173) And Order List

Prohibited Transactions for Retirement Plans

Hot Off the Press



Read  Brian Cuban’s riveting article, “The Addicted Lawyer Silence is Deadly,” in the fall edition of the Consumer Bankruptcy Journal. Brian gives a personal account of his own struggle that is poignant, honest and will leave you wanting to read more and you can! Visit his website at .

Upcoming NACBA Events

NACBA Webinars Web Banner (1)

6 Key Numbers Every Bankruptcy Attorney Must Know

Date: November 17, 2016
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 minutes)
Presenter: Stephen Fairley, CEO of The Rainmaker Institute
Cost: No Cost to NACBA Members – Member Benefit

Register HERE

Save the Date for NACBA’s Silver Anniversary Annual Convention

Celebrate 25 Years of NACBA!

2017 NACBA’s 25th Annual Convention
Thursday, May 4’th – Sunday, May 7’th, 2017
Orlando, Florida


Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

New November Webinar! Register Today!

NACBA Webinars Web Banner (1)

Complimentary Webinar for NACBA Members

6 Key Numbers Every Bankruptcy Attorney Must Know

Date: November 17, 2016
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 minutes)
Presenter: Stephen Fairley, CEO of The Rainmaker Institute
Cost: No Cost to NACBA Members – Member Benefit

There are 6 critical numbers every bankruptcy lawyer running and growing a business needs to understand and review every month. Unfortunately, many attorneys don’t have the systems in place to obtain these numbers nor do they know which numbers are the most critical to their success. If you don’t know your numbers you cannot build a financially successful law firm! This webinar will provide you with the tools you need to accurately gauge the financial stability and health of your business.

In this information-packed webinar you will discover:

  • The 6 key metrics you need to track.
  • How to determine your cash flow so you can plan for future growth.
  • 5 areas you need to upgrade to take your law firm to the next level.

Don’t miss this informative webinar, Register HERE.

Stephen Fairley

Stephen Fairley is the CEO of The Rainmaker Institute, the nation’s largest law firm marketing company specializing in lead conversion for small to medium size law firms. Over 18,000 attorneys nationwide have benefited from learning and implementing the proven marketing and lead conversion strategies taught byThe Rainmaker Institute. A nationally recognized law firm marketing expert, Stephen is also an international best-selling author.

#NACBASEA Session Spotlight!

Join Us On This Expedition!

Sunday, October 9th, 11:00 AM-12:00 PM

“Chasing the Elusive White Whale: Harpooning the Current Mortgage Issues You Have to Know”

Start your adventure with our presenters, Max and John as they bring you up to date on loan modifications in and outside of bankruptcy, post-bankruptcy collection abuses after final cure, the new proof of claim attachment, catching servicers who misapply chapter 13 payments, new servicing regulations on monthly statements for debtors in bankruptcy, and more.


avatar for Max Gardner

Max Gardner

O. Max Gardner III, Esq. is recognized as one of the leading lawyers in America in the area of Predatory Mortgage Servicing and the standing of Mortgage Servicers in consumer bankruptcy cases. His position on the front lines of the war against predatory lenders and mortgage servicers has captured the attention of ABC News Nightline, CNN, Business Week, The New York Times, The Washington Post and many other news outlets across the country.Gardner received his undergraduate degree from the University of North Carolina at Chapel Hill in 1969 and graduated with high honors from the UNC School of Law in 1974. Among others, he was a member of the Law Review, named the Outstanding Law Graduate of 1974, served as President of the Student Bar Foundation and was elected to the Order of the Coif. Following graduation, he served as the Senior Law Clerk to the Hon. William H. Bobbitt, the late Chief Justice of the North Carolina Supreme Court, and as Senior Law Clerk to the Hon. William Copeland, an Associate Justice of that Court.

Max has been the lead attorney of record in many landmark cases but some of his most significant were Marshall v Spindale Savings & Loan, Stark v Crestar Mortgage, the Shelby Yarn Employees litigation, and Smith v First Union National Bank.

avatar for John Rao

John Rao

John Rao is an attorney with the National Consumer Law Center, Inc. Mr. Rao focuses on consumer credit and bankruptcy issues and has served as a panelist and instructor at numerous bankruptcy and consumer law trainings and conferences. He has served as an expert witness in court cases and has testified in Congress on consumer matters. Mr. Rao is a contributing author and editor of NCLC’s Consumer Bankruptcy Law and Practice; co-author of NCLC’s Foreclosures; Bankruptcy Basics; Guide to Surviving Debt; and NCLC Reports: Bankruptcy and Foreclosures Edition, and contributing author to NCLC’s Student Loan Law. He is also a contributing author to Collier on Bankruptcy and the Collier Bankruptcy Practice Guide. Mr. Rao serves as a member of the federal Judicial Conference Advisory Committee on Bankruptcy Rules, appointed by Chief Justice John Roberts in 2006. He is a conferee of the National Bankruptcy Conference, fellow of the American College of Bankruptcy, vice-president for the National Association of Consumer Bankruptcy Attorneys, and former board member for the American Bankruptcy Institute. He is an adjunct faculty member at Boston College School of Law. Mr. Rao is a graduate of Boston University and received his J.D. in 1982 from the University of California (Hastings).

There’s still time to receive the Early Bird Rate! Register Today!

Bankruptcy News Briefs for 5/7

Class Status Sought for Lawsuit Against Collection Firm

CFPB Uncovers Problems in Credit Reporting, Next Steps Unclear

Easier Credit Score Access Leads to Better Monitoring

ACA International Urges the U.S. Senate to Consider Legislation that Aims to Reform the Consumer Financial Protection Bureau

FCC Announces Leadership Changes in Bureau Overseeing the TCPA

Senators Call For Attorney General Investigation Into Executives Of Corinthian Colleges

NCLC Survey Reveals Ongoing Problems with Mortgage Servicing May 2015

NY AG Pushes Legislation to Fight Zombie Foreclosures

Take Advantage of all your NACBA Membership Benefits

Not a NACBA Member? Join Today!

Bankruptcy News Briefs 4/30

National Association of Consumer Advocates and the National Consumer Law Center Support the Court Legal Access & Student Support (CLASS) Act

Child Support Exclusion Not Reduced By Expense Deduction

Global Debt Registry Strikes Partnership with TransUnion

State Bill in North Carolina Would Lift Collection Restrictions for Debt Buyers

Supreme Court to Hear Case on Statutory Damages Without Actual Harm; Could Impact FDCPA Cases

CFPB’s Report to Congress Highlights Enforcement, Rules

Court Disapproves Modification to Pay Outside Plan

Ed Dept. official: Corinthian students affected by closures can automatically get loans erased

Indiana and Pennsylvania District Courts Hold That Filing Proofs of Claim on Time-Barred Debt Does Not Violate FDCPA

Your NACBA membership dues are invested in you! Renew Your Membership Today

Take Advantage of NACBA’s Benefits by Joining Today!