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Bankruptcy News Briefs 4/26

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Making Headlines…

Collection Law Firm, Debt Buyer Charged Over Robo-Lawsuits

Education Department’s Loan Repayment Changes Could Ease Confusion

Thaw in Student Loan Market Could Revive Bank Portfolio Sales

Section 707(b) applies to Converted Case

CFPB Announces Consent Order Against Law Firm and Debt Buyer

Pressler and Pressler Offers Response to CFPB Settlement Agreement

Bank of America Agrees to Pay $1Million to Settle TCPA Lawsuit

Florida’s Third DCA Reverses Course on Statute of Limitations for Mortgage Foreclosure

Wall Street Journal lays waste to CFPB in scathing editorial

It Just Got Harder for Debt Collection Agencies to Auto-Sue Borrowers

Healthcare providers take heat over debt collection lawsuits against patients

2 DAYS LEFT TO REGISTER FOR OUR FREE MEMBER BENEFIT WEBINAR

MEMBER BENEFIT WEBINAR
Building a 7-Figure Lifestyle Law Firm:
Upscaling from a Job, to a Practice, to a Business
Thursday, April 28, 2016
3 PM Eastern / 2 PM Central / 1 PM Mountain / 12 PM Pacific
Presented by: Stephen Fairley, CEO of The Rainmaker Institute

FREE for NACBA Members. Register HERE.

There are 3 stages every law firm goes through to break the 7-figure barrier. At each stage there are challenges that must be faced and changes that must be made. The Rainmaker Institute has trained over 18,000 attorneys and helped hundreds of their clients break 7-figures. This 60 minute webinar will show you strategies specifically for attorneys looking to build a lifestyle law firm.

What are the 5 key challenges you must face to grow to the next level?
The 10 major components of every successful law firm.
Specific steps you must take to build a lifestyle law firm that provides the income you want.

THE COUNTDOWN IS ON FOR NACBASF ONLY 22 DAYS REMAIN!

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The Learning Starts Pre-Convention

Not one but TWO pre-convention sessions will be offered at #NACBASF! Need some practical information on litigating a bankruptcy case? Or, are you new to practicing bankruptcy and need to know the basics (perfect for paralegals and support staff) Join us on Thursday, May 19th from 9:00 AM to 4:00 PM for either Evidence & Procedure for the Bankruptcy Litigator or for Bankruptcy 101. Registration for these sessions are at an additional cost.

October 7th-10th, 2016
NACBA’s Summit At Sea Fall Workshop- Members Only Event

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Register HERE

KEEP YOUR NACBA MEMBERSHIP CURRENT

HAVE YOU READ THE NEWEST EDITION OF NACBA’S CONSUMER BANKRUPTCY JOURNAL ?

The latest edition of the CBJ is full of relevant and timely articles that you won’t want to miss! Kick back and check out these articles that matter to you and your firm!

KEEP YOUR NACBA MEMBERSHIP CURRENT

NACBA wants you to take advantage of the many exciting educational events like the Fall Workshop or our Webinars that are on the horizon, but for you to do this your membership has to be current. Don’t miss out on these member only benefits Renew Today!

Not a member of NACBA? Join NACBA Today!

Bankruptcy News Briefs 4/25

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It’s a New Week with New Headlines…

Credit Education Coalition Will Work to Change Federal Law

CFPB Sets Date for Revised Plan to Rein In Arbitration Agreements

New Study Indicates Medicaid Expansion Helps Consumers With Medical Debt

Congressional Leaders, Federal Regulators Discuss Critical Debt Collection Issues at Washington Insights Conference

CFPB Official Previews Final Mortgage Servicing Rule

Summary Judgment Granted Against Debt Collector In FTC Action

Man harassed by debt collector wins $10M award

3 DAYS LEFT TO REGISTER FOR OUR FREE MEMBER BENEFIT WEBINAR

FREE for NACBA Members. Register HERE.

What are the 5 key challenges you must face to grow to the next level?
The 10 major components of every successful law firm.
Specific steps you must take to build a lifestyle law firm that provides the income you want.

THE COUNTDOWN IS ON FOR NACBASF ONLY 23 DAYS REMAIN!

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EARN CLE BY THE BAY!

The City by the Bay and NACBA’s Convention come together to create the perfect opportunity to learn, experience San Francisco & network with colleagues at the only national CLE program designed for consumer bankruptcy attorneys. Depending on state, you may earn up to 15 credits or more (including an Ethics credit in most states).

REGISTER FOR NACBASF TODAY!

KEEP YOUR NACBA MEMBERSHIP CURRENT

Not a member of NACBA? Join NACBA Today!

Bankruptcy News Briefs 4/21

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Today’s Headlines…

Overall Credit Card Debt Accumulation, Delinquency Rates Increase in 2015

Online Payday Loans Carry ‘Steep Hidden Costs’

Appellate Courts Hold Typical Collection Letters Violate FDCPA

Online Lenders’ Use of ACH Can Lead to Cascading Fees, Account Closures for Consumers, CFPB Report Finds

CFPB’s Constitutionality and Director’s Interpretation Challenged

Colleges Continue to Return Tuition Money in Bankruptcy Fights

Sale to Vulture Fails Business Judgment Test

READ THE SPRING EDITION OF NACBA’S CONSUMER BANKRUPTCY JOURNAL (CBJ)

The latest edition of the CBJ is full of relevant and timely articles that you won’t want to miss! Kick back and check out these articles that matter to you and your firm!

27 DAYS UNTIL #NACBASF!

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The 24th Annual NACBA Convention is just around the corner! We are looking forward to all of the exciting sessions, speakers, networking, and of course being in the beautiful city of San Francisco. We hope you are getting ready to embark on this one of a kind experience as well! Take a minute to look over this 3 point checklist to make sure you’re ready for #NACBASF:

Have you Registered? Registering is simple and only takes a few moments. Register today!
Make your Airline Reservation. NACBA has arranged the following discounts flying into San Francisco on two different airlines, United Airlines and Delta Airlines.
- United– To book travel online, enter ZVNS928278 in the Offer Code box when searching for flights.
- Delta-When booking online, select Book A Trip, click on Advanced Search and enter the meeting code, NMMCK, in the box provided on the Search Flights page. Reservations may also be made by calling our Delta Meeting reservations at 800-328-1111 Mon-Fri 7 am-7 pm CDT.
Place your Hotel Reservations: NACBASF will be taking place at the Marriott Marquis San Francisco. Attendees will receive a special rate of $245 per night. If you are calling in your reservation, be sure to ask to stay in the NACBA block. The special rate is available through April 27, 2016 or until the block sold out. Click HERE to make your reservations with the hotel.

Now, once you’ve checked everything off your list, kick and back and get ready for an awesome Convention!

UPCOMING NACBA EVENTS

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Thursday, April 28, 2016
NACBA WEBINAR

Building a 7-Figure Lifestyle Law Firm:
Upscaling from a Job, to a Practice, to a Business
3 PM Eastern / 2PM Central / 1PM Mountain / 12 PM Pacific
Presented by: Stephen Fairley, CEO of The Rainmaker Institute
FREE for NACBA Members. Register HERE

May 19th-22nd, 2016
NACBA’s 24th Annual Convention, San Francisco, CA

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Register HERE

October 7th-10th, 2016
NACBA’s Summit At Sea Fall Workshop- Members Only Event

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Register HERE

KEEP YOUR NACBA MEMBERSHIP CURRENT

With so many exciting educational events and networking opportunities on the horizon don’t forget to renew your NACBA Membership! Renew Today!

Not a member of NACBA? Take advantage of all the benefits NACBA Members receive and Join NACBA Today!

Receive NACBA’s Bankruptcy News Briefs Automatically

Subscribe Today!

Bankruptcy News Briefs 4/20

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Mid Week Headlines…

Appeals Court Rejects Firm’s Attempt to End TCPA Class Action

Card Default Rates Jump; Overall Numbers Remain Flat

Florida Governor Signs Legislation Aimed at Curbing Unexpected Medical Bills

Senators Request GAO Review of Fintech Marketplace Regulations

CFPB Sheds Light on Coming Payday-Loans Rule

Purely “Compensatory” Debts Owed by Attorneys to Clients (Which Are Not Disciplinary or Punitive Fees Imposed by the State Bar) Are Dischargeable In Bankruptcy

Hinshaw Thwarts Consumer’s Attempt to Expand the Definition “Debt Collector” under FDCPA

NACBASF IS LESS THAN A MONTH AWAY! HAVE YOU REGISTERED?

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San Francisco is a breathtaking city and the perfect backdrop to #NACBASF, but that’s not the only reason to attend this year’s convention! Here are 5 Reasons you should register for NACBASF today!

Dynamic Keynote Speakers: You won’t want to miss famed political consultant, Bob Shrum, Nomi Prins, Renowned Author & Commentator from Wall Street to Washingtonand Adam Carroll, 2x Tedx Speaker, author, and Founder of National Financial Educators.
Not one but TWO pre-convention sessions: On Thursday, May 19th from 9:00 AM to 4:00 PM you have the option to attend either the Evidence & Procedure for the Bankruptcy Litigator or Bankruptcy 101.
Earn CLE: NACBA has created the perfect opportunity to learn, experience San Francisco & network with colleagues while earning CLE Credits. (Depending on state, you may earn up to 15 credits or more including an Ethics credit in most states).
Relevant and Timely Sessions: NACBA’s sessions are timely, relevant and presented by a distinguished panel of expert speakers. #NACBASF delivers professional development designed to educate, advocate and litigate!
Free Access to Video Stream Convention Presentations. Convention registration will once again include three months access to replay many presentations in the comfort of your own home or office.

Sounds great right? Register today

KEEP YOUR NACBA MEMBERSHIP CURRENT

With so many exciting educational events and networking opportunities on the horizon don’t forget to renew your NACBA Membership! Renew Today!

Not a member of NACBA? Take advantage of all the benefits NACBA Members receive and Join NACBA Today!

Receive NACBA’s Bankruptcy News Briefs Automatically

Subscribe Today!

Bankruptcy News Briefs 4/18

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Headlines Kicking Off the New Week…

Lawsuits Surge After Nonprofit Health System Outsources ER Services

Collection Agency Pitches Services in Mississippi

Foreclosure Filings at Lowest Mark in Nearly a Decade

BBB Issues Alert Over Fraudulent Debt Collection Operation

White House Makes a ‘Moral Case’ for Stopping Payday Abuse

Florida Better Business Bureau Issues Alert on Fraudulent Debt Collection Calls

Eleventh Circuit Adds its Voice to Late-Filed Return Issue

Ninth Circuit: Conditional Tender Does Not Moot Putative Class Action

UPCOMING NACBA EVENTS

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Thursday, April 28, 2016
NACBA WEBINAR
Building a 7-Figure Lifestyle Law Firm:
Upscaling from a Job, to a Practice, to a Business
3 PM Eastern / 2PM Central / 1PM Mountain / 12 PM Pacific
Presented by: Stephen Fairley, CEO of The Rainmaker Institute
FREE for NACBA Members. Register HERE

May 19th-22nd, 2016
NACBA’s 24th Annual Convention, San Francisco, CA
Register HERE

October 7th-10th, 2016
NACBA’s Summit At Sea Fall Workshop- Members Only Event
Register HERE

30 DAYS REMAIN UNTIL NACBASF! HAVE YOU REGISTERED?

There are so many perks when you attend NACBASF! One of those is you will have access to the Exclusive Screening of the Student Loan Documentary, Broke, Busted and Disgusted. This film examines the higher education system and the way it is funded. Created by a group of passionate filmmakers and storytellers with accurate accounts that could change the course of history. Director Adam Carroll will do a post-screening Q&A with attendees.

Join your colleagues and Register Today!

KEEP YOUR NACBA MEMBERSHIP CURRENT

With so many exciting educational events and networking opportunities on the horizon don’t forget to renew your NACBA Membership! Renew Today!

Not a member of NACBA? Take advantage of all the benefits NACBA Members receive and Join NACBA Today!

Receive NACBA’s Bankruptcy News Briefs Automatically

Subscribe Today!

Bankruptcy News Briefs 4/15

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Friday’s Headlines…

Debt Buyer Sued for Allegedly Freezing ID Theft Victim’s Account

Healthcare Affordability Issues Continue for Consumers with Marketplace Plans

Summary Judgment Granted Against Dallas Debt Collector for Bad Behavior

An Extreme Case of Debt Collection

Second Circuit Says Debt Collectors Must Disclose Potential Interest And Fees

UPCOMING NACBA EVENTS

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May 19th-22nd, 2016
NACBA’s 24th Annual Convention, San Francisco, CA
Register HERE

October 7th-10th, 2016
NACBA’s Summit At Sea Fall Workshop- Members Only Event
Register HERE

CONNECT WITH YOUR PEERS THROUGH NACBA CONNECT

NACBA membership affords our members the chance to connect with their colleagues through NACBA Connect. Do you have a question or a hot topic that you want to discuss? Then make sure you visit NACBA Connect. In NACBA Connect you can start a community, join a community, and begin a discussion thread to connect with your peers!

CONSUMER BANKRUPTCY JOURNAL HIGHLIGHT

Spring 2016 CBJ

Check out the NCBRC Report in the Consumer Bankruptcy Journal and get updated on what’s new!

KEEP YOUR NACBA MEMBERSHIP CURRENT

With so many exciting educational events and networking opportunities on the horizon don’t forget to renew your NACBA Membership! Renew Today!

Not a member of NACBA? Take advantage of all the benefits NACBA Members receive and Join NACBA Today!

Receive NACBA’s Bankruptcy News Briefs Automatically

Subscribe Today!

Bankruptcy News Briefs 4/14

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Headlines Making News…

NY AG Files Suit Over Lease Agreements, Collection Lawsuits

Appeals Court Hears CFPB Leadership Structure Case

House Financial Services Committee Passes Bill to Subject CFPB to Congressional Appropriations

Debt Collection Statute of Limitations Bill Passes in Maryland General Assembly

Summary Judgment Granted in TCPA Case Against Navient and Affiliate – Awards $360K, Possibly More

House panel passes bills to ramp up CFPB oversight

Obama to forgive the student debt of permanently disabled people

CONNECT WITH YOUR PEERS THROUGH NACBA CONNECT

34 DAYS UNTIL NACBA’S ANNUAL CONVENTION IN SAN FRANCISCO

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HAVE YOU REGISTERED FOR THE PRE-CONVENTION SESSIONS?

Convention attendees can purchase the special one-day Pre-Convention Session: Evidence & Procedure for the Bankruptcy Litigator at a reduced rate. When registering for the Convention, you will add the session to your cart during the normal Convention registration process. If you have any questions or problems, give us a call at 1.800.499.9040 and we will be happy to help. Register for the Convention AND one of the Pre-Convention sessions.

If you have already registered for the Convention and did not register for one of the Pre-Convention sessions, no worries! You can still register at the reduced rate by calling us at 1.800.499.9040 or by logging into your account at NACBA.org and clicking on “My Events”then“Add Session” to add this session to your registration.

Learn more about what these sessions offer at NACBASF!

CONSUMER BANKRUPTCY JOURNAL HIGHLIGHT

Stephen Fairley

Learn about, “6 Steps to Improve Your Intake and Lead Conversion Rate,” by Stephen Fairley CEO of the Rainmaker Institute.

KEEP YOUR NACBA MEMBERSHIP CURRENT

With so many exciting educational events and networking opportunities on the horizon don’t forget to renew your NACBA Membership! Renew Today!

Not a member of NACBA? Take advantage of all the benefits NACBA Members receive and Join NACBA Today!

Receive NACBA’s Bankruptcy News Briefs Automatically

Subscribe Today!

Bankruptcy News Briefs 4/13

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Midweek News…

TCPA Class-Action Lawsuit Dismissed

CFPB Lacks Information on Mortgage Servicers

Bankruptcy Filings Fall in Q1

D.C. Circuit Court Hears Arguments in CFPB Leadership Case

Study: How Educational Attainment Influences Other Financial, Life Decisions

Fed Survey: Consumers’ Spending Growth Expectations Weaken

Pay-to-Stay Debt Dischargeable

NCLC Advocates Applaud Department of Education Implementation of Its New Matching Program for Disabled Student Loan Borrowers, April 12, 2016

TCPA Class Action Case Dismissed – Thanks to Omnibus Budget Reconciliation Act of 2016

THERE ARE ONLY 35 DAYS REMAIN UNTIL NACBA’S ANNUAL CONVENTION

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We are quickly approaching #NACBASF! There are so many reasons to attend this year’s convention! Not only is it in beautiful San Francisco, the sessions and speakers are top notch! You’ll have the opportunity to network with your colleagues, dive into deep discussions at the Fireside Chats and visit the many exhibitors in this years’s exhibit hall. Not to mention you can earn up to 15 CLEs (depending on your state)! This is an event that matters to you and your firm.Have you Registered? Take a moment to Register Today and get ready for an awesome #NACBA experience!

THE SPRING EDITION OF THE NATIONAL CONSUMER BANKRUPTCY JOURNAL IS HOT OFF THE PRESS

Christine M. Kieta, Attorney at Law

Today’s #CBJ’s highlight is one of the hottest issues facing our nation. Read Christine Kieta’s article “Beyond Bankruptcy: The Uninformed and Inexperienced 21st Century Student Loan Debtor.”

KEEP YOUR NACBA MEMBERSHIP CURRENT

With so many exciting educational events and networking opportunities on the horizon don’t forget to renew your NACBA Membership! Renew Today!

Not a member of NACBA? Take advantage of all the benefits NACBA Members receive and Join NACBA Today!

Receive NACBA’s Bankruptcy News Briefs Automatically

Subscribe Today!

Bankruptcy News Briefs 4/12

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Headlines in Today’s News…

Lawsuit Targets Fees Collected by College

Mortgage Balances, Originations Jump in 2015

Court Case Against the CFPB Hinges on These Four Issues

CFPB Office of Consumer Response Highlights Complaint Trends in Annual Report

March Bankruptcy Filings Show Year-Over-Year Decline

4th Cir. Confirms Entity Is Not FDCPA ‘Debt Collector’ Merely Because It Purchases Defaulted Debt

THERE ARE ONLY 36 DAYS LEFT UNTIL NACABSF!

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UPCOMING WEBINAR

FREE for NACBA Members. Register HERE.

What are the 5 key challenges you must face to grow to the next level?
The 10 major components of every successful law firm.
Specific steps you must take to build a lifestyle law firm that provides the income you want.

THE SPRING EDITION OF THE NATIONAL CONSUMER BANKRUPTCY JOURNAL IS HOT OFF THE PRESS

Robert C. Meyer

Today’s #CBJ’s highlight is from Robert C. Meyer, “ACB Assignee Banned From Filing a Voluntary Bankruptcy Petition.”

KEEP YOUR NACBA MEMBERSHIP CURRENT

With so many exciting educational events and networking opportunities on the horizon don’t forget to renew your NACBA Membership! Renew Today!

Not a member of NACBA? Take advantage of all the benefits NACBA Members receive and Join NACBA Today!

Receive NACBA’s Bankruptcy News Briefs Automatically

Subscribe Today!

Bankruptcy News Briefs 4/11

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News Kicking Off the Week…

Consumer Loan Delinquencies Decline in Fourth Quarter

Consumer Borrowing for Auto, Student Loans Increases in February

Increased Regulations Spawn New Trade Associations

Breach of Fiduciary Duty Judgment May Be Dischargeable In Bankruptcy

THERE’S STILL TIME TO REGISTER FOR TODAY’S WEBINAR!

Don’t miss out on this informative and timely webinar register today!

Lessons from Harris v. Viegelahn
Monday, April 11, 2016, 60 minutes
3 PM Eastern / 2PM Central / 1PM Mountain / 12 PM Pacific

Presented by: Chief Judge Melvin S. Hoffman of the U.S. Bankruptcy Court for the District of Massachusetts, Tara Twomey of NCBRC and Brett Weiss, Esq. of Chung & Press, LLC

Registration deadline: 4/11/16 at 2PM Eastern.
$25 Member / $75 Non Member
Registration HERE

In Harris v. Veigelhan, the Supreme Court resolved a disagreement among courts over the question of whether a debtor or his creditors should receive funds derived from the debtor’s post-petition wages held by the trustee under a confirmed chapter 13 plan when the case is converted to chapter 7 in good faith. In a clear, concise, and narrowly focused decision the Court ruled in the debtor’s favor. Subsequently, some courts have applied Harris broadly to deny payment of debtor’s counsel in other circumstances.

This webinar will review the various post-Harris cases that have been decided and offer practical suggestions for ways in which debtor’s counsel can get paid in unsuccessful chapter 13 cases.

If you are unable to participate in webinar at scheduled time, register by 4/11/16 at 2 PM Eastern and you will receive recording, materials and discounted pricing. After 4/11/16, the webinar will be available in the NACBA Store.

THERE ARE ONLY 37 DAYS LEFT UNTIL NACABSF!

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We are quickly approaching #NACBASF! There are so many reasons to attend this year’s convention! Not only is it in beautiful San Francisco, the sessions and speakers are top notch! You’ll have the opportunity to network with your colleagues, dive into deep discussions at the Fireside Chats and visit the many exhibitors in this years’s exhibit hall. Not to mention you can earn up to 15 CLEs (depending on your state)! This is an event that matters to you and your firm. Have you Registered? Take a moment to Register Today and get ready for an awesome #NACBA experience!

THE SPRING EDITION OF THE NATIONAL CONSUMER BANKRUPTCY JOURNAL IS HOT OFF THE PRESS

Wendell Sherk, St. Louis Missouri Bankruptcy Attorney

It’s Monday, why not take a minute out of your busy day and read, Wendell Sherk’s piece, “New Opinion on New Forms and Exemptions,” in the CBJ.

KEEP YOUR NACBA MEMBERSHIP CURRENT

With so many exciting educational events and networking opportunities on the horizon don’t forget to renew your NACBA Membership! Renew Today!

Not a member of NACBA? Take advantage of all the benefits NACBA Members receive and Join NACBA Today!

Receive NACBA’s Bankruptcy News Briefs Automatically

Subscribe Today!

NACBA Now

National Association of Consumer Bankruptcy Attorneys

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