debt settlement

Bankruptcy News Briefs 11/7

Fresh Headlines…

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Federal Court Gives FTC OK to Shut Down Debt Collection Operation

CFPB Sets Field Hearing On Consumers’ Access to Financial Records

If a receiver discovers possible criminal wrongdoing, are they required to report it to authorities?

Student loan debt rises 56 percent since 2004

Consumer Bankruptcy Filings Fall Again-Non-commercial filings down 2% in October

Supreme Court to Rule on Stale Claims and FDCPA

TCPA Case Survives Spokeo Motion To Dismiss

Got A Priority Bankruptcy Claim? Nothing To Worry About Then, Right? Wrong.

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

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.

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

JOIN NACBA TODAY

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

 

Bankruptcy News Briefs 11/3

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Florida Court Holds Notice of Bankruptcy Sufficient for ‘Actual Knowledge’ of Representation by Counsel Under FCCPA

CFPB and NY Attorney General Take Action Against Network of Sham Collection Companies

9th Cir. Holds Foreclosure Trustee Not FDCPA ‘Debt Collector’

Late-Filed Proofs of Claim Disallowed

CFPB Proposed Confidentiality Rule Revisions Prompt Comments and Criticism

Regulators Take Action Against ‘Massive’ Debt Collection Operation

Don’t Transfer Assets Prior to Filing Bankruptcy

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

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.

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

JOIN NACBA TODAY

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

 

Bankruptcy News Briefs 11/2

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Report: Credit Card Market Continues to Grow

FDCPA Case Law Review for October 2016

FTC Granted Summary Judgment and Permanent Injunction Against Buffalo Debt Collectors

CFPB Issues Fall 2016 Supervisory Highlights Report

CFPB Wants DC Circuit to Revive Probe of For-Profit College Accreditor

CFPB Updates Procedures for Examining Reverse Mortgage Servicers

The Harmonious Coexistence (or not) of the FDCPA and the BAPCPA

Obama’s Student Loan Pardon

 

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

JOIN NACBA TODAY

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

Bankruptcy News Briefs 10/28

Let’s Jump Into the Weekend With These Headlines…

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NetSpend Plans Evasions of CFPB Prepaid Rules to Preserve $80 Million in Overdraft Fees

CFPB Issues New Guidance on Supervision of Service Providers

FCC’s Robocall Strike Force Hasn’t Impressed Chairman Wheeler Yet

CFPB puts 44 mortgage lenders and brokers on notice over HMDA requirements

TCPA Case Law Review for October 2016

SDNY Bankruptcy Court Publishes Proposed Amendments to Local Rules

CFPB Mortgage Servicing Rules Published

New federal rules could make it easier to have student loans forgiven

Understanding the Statute of Limitations on Student Loans

AG Cooper Announces Student Loan Debt Forgiveness Program for 10K NC Students

Ninth Circuit Holds Non-Judicial Foreclosure of Deed of Trust Is Not Debt Collection under the FDCPA

Consumer Bankruptcy Journal Highlight

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Greg Ray Fraley give us insight into, “The Top 12 Malpractice Mistakes Made by Bankruptcy Attorneys,” in today’s CBJ Highlight

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

JOIN NACBA TODAY

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

Bankruptcy News Briefs 10/25

Making the News… 

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Will Hensarling Letter to Cordray Do More Than Prolong Rulemaking?

CFPB Publishes Report Entitled “Project Catalyst” on Financial Innovation

Debt Collection Complaints Decline in September

CFPB Touts Innovation, But Not in Debt Collection

Proposed CFPB Rules Allow for Wide Disclosure of Confidential Material

Creditors Beware: Fifth Circuit Court of Appeals Expands Purview Of Potential FDCPA Violations And Furthers Circuit Split

California Amends Identity Theft Requirements for Debt Collectors

Credit card worries weighing on consumers

Consumer Bankruptcy Journal Highlight

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The job of a mortgage servicer seems pretty straight forward, but when a loan modification is thrown into the mix it isn’t always that simple. Read today’s CBJ Highlight by Cathy Moran, “Loan Modification, the 100 k Mistake?”

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

JOIN NACBA TODAY

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

Bankruptcy News Briefs 10/14

It’s Friday! Dive Into These End of the Week Headlines!nacbapicture

FDCPA Case Law Review for September 2016

Court Finds that Parents Convicted of Ponzi Scheme Received Value from Tuition Payments

Bankruptcy Avoidance Litigation Part II – Do I Really Have To Give That Payment Back?

CFPB announces several leadership changes

D.C. Circuit Brings CFPB under Presidential Control

Top 10 States for Foreclosure

A Look at What’s in Store for the CFPB

Supreme Court Agrees to Hear Debt-Collections Case

ADVOCATES WANT LEGISLATIVE LEADERS TO CURB SURPRISE MEDICAL BILLS

Treasury Finalizes New Regulations to Limit ‘Earnings Stripping’

Hot Off the Press

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The Fall Edition of the Consumer Bankruptcy Journal is hot off the press with articles and topics that are relevant to you! Start off by reading NACBA’s President’s Report by Edward Boltz as he talks about the impact NACBA has had in the last 25 years.

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

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

JOIN NACBA TODAY

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

Bankruptcy News Briefs 10/11

NACBA Finds Headlines That Matter To You!

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Consumers Report Mortgages and Student Loans are Top Forms of Debt

Consumer Borrowing Grows at Record Pace in August

ACA Submits Comments Opposing the CFPB’s Payday Lending Proposed Rule

CFPB Releases Revised Military Lending Act Exam Procedures

Surrender Ends State Foreclosure Fight

In Long Awaited Decision, DC Court of Appeals Rules CFPB Structure is Unconstitutional

ND Calif. Holds Numerous Unwanted Calls Required for TCPA Standing

Appeals Panel Deals Setback to Consumer-Watchdog Agency

CFPB Director’s Power Trimmed by U.S. Appeals Court Ruling

How Much Debt Do Americans Really Have

U.S. Navy Federal Credit Union to pay $28.5 million over debt collection issues

The Biggest Source of Debt for Americans in Every State

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

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

JOIN NACBA TODAY

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

Bankruptcy News Briefs 9/20

Tuesday’s News…

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Title Pawn Loan Not “Ownership Cost”

Overdraft Rule Remains in the Slow Lane as CFPB Juggles Priorities

How seniors, disabled can keep debt collectors at bay

Fed Rate Increase Would Make It Harder for Some to Pay Debt

Consumer Credit Defaults Up Slightly According To The S&P/Experian Consumer Credit Default Indices

Student loan debt soars in New York over last decade

The Right To Countersecurity From A Debtor In Bankruptcy

REGISTER FOR THIS WEEK’S UPCOMING WEBINAR

NACBA Webinars Web Banner (1)

Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems with Non-Bankruptcy Causes of Action
DATE: Thursday, September 22, 2016 – 3:00 PM EST / 12:00 PM PST
COST: $25 NACBA Member, $75 Non-Member
PRESENTERS:
Judge Paul W. Bonapfel, Northern District of Georgia
J. Erik Heath, Esq., Consumer Bankruptcy Attorney, San Francisco, CA
John Rao, Esq., National Consumer Law Center, Inc.
REGISTER: HERE

BONUS: One (1) attendee/ registrant will be chosen at random to receive a copy of Chapter 13: Practice And Procedure, 2d, 2016 Ed.. The new second edition is a guide to virtually everything you need to know about practicing law under Chapter 13 of the Bankruptcy Code.(Value $408)

This webinar will cover a variety of standing, judicial estoppel and claim preclusion issues and offer practical suggestions for ways to ensure that debtors’ non-bankruptcy causes of action can be litigated. Topics will include debtor’s standing during and after Chapter 7 and 13 cases, determining whether a cause of action is property of the estate, proper scheduling and disclosure of claims including whether a duty exists for post-petition claims in Chapter 13 cases, avoiding and responding to judicial estoppel arguments, plan treatment of prosecution and settlement of litigation, employment and compensation of counsel to litigate debtor’s legal claims, effect of plan confirmation on debtor’s right to bring causes of action post-confirmation; impact of stating an intent to surrender collateral on post-bankruptcy claims and defenses; using waiver and estoppel arguments against mortgage creditors.

If you are unable to attend the live webinar, please register by September 22, 2016 at 2:00 PM Est. to receive the webinar recording, materials (copy of presentation and Non Bankruptcy Causes of Action exert from Chapter 13: Practice And Procedure, 2d, 2016 Ed) and be registered for drawing.

Events

NACBA’s  Fall Workshop

EARLY BIRD RATE IS EXTENDED! REGISTER TODAY FOR SAVINGS!

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Pack your bags and set sail for the 2016 NACBA Fall Workshop on October 6th-9th for stellar sessions, excellent presenters, CLE, networking and a little relaxation!  Get all the details and register today!

SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

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

JOIN NACBA TODAY

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

Bankruptcy News Briefs 9/14

Midweek News…

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“12% Increase in Non-Business Bankruptcy Filings”

House Financial Services Committee Approves Critical CFPB Reforms

FTC Seeks Public Comment on Consumer Information Security Rules under FCRA, GLBA

5th Circuit Rules Against Collector For Not Making Disclosures in Time-Barred Debt Case

Non-Threatening Collection Letter May Underlie FDCPA Claim

CFPB Reform ‘Dead on Arrival’ Thanks to Wells Fargo

CFPB Proposes “Drastic Overhaul” Of Debt Collection

Georgia Debt Collectors Banned From Debt Collection Business

Student loan forgiveness can come with a tax bomb

ITT Tech students refuse to repay loans in protest over government policy

REGISTER FOR UPCOMING WEBINARS

NACBA Webinars Web Banner (1)

There’s Still Time to Register for Today’s Webinar!

7 Keys to Building a Referral-based Law Firm

DATE: Wednesday, September 14, 2016, 3:00 PM EST / 12:00 PM PST
COST: FREE for NACBA Members
PRESENTER: Stephen Fairley, CEO, The Rainmaker Institute

Every attorney wants a referral-based practice, but most attorneys struggle to consistently get enough referrals. We have uncovered the secrets of referrals and will teach you:

  • The 3 biggest reasons why you’re not getting more referrals…and what to do about it
  • Creating a plan to double your referrals in the next 6 months
  • The 4 most commonly overlooked places to increase your referrals

REGISTER: HERE

Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems
with Non-Bankruptcy Causes of Action
DATE: Thursday, September 22, 2016 – 3:00 PM EST / 12:00 PM PST
COST: $25 NACBA Member, $75 Non-Member
PRESENTERS:
Judge Paul W. Bonapfel, Northern District of Georgia
J. Erik Heath, Esq., Consumer Bankruptcy Attorney, San Francisco, CA
John Rao, Esq., National Consumer Law Center, Inc.
REGISTER: HERE

Events

NACBA’s  Fall Workshop

EARLY BIRD RATE IS EXTENDED! REGISTER TODAY FOR SAVINGS!

Sail-Away-1024x551 (1)

Pack your bags and set sail for the 2016 NACBA Fall Workshop on October 6th-9th for stellar sessions, excellent presenters, CLE, networking and a little relaxation!  Get all the details and register today!

SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

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

JOIN NACBA TODAY

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

Bankruptcy News Briefs 9/9

News Making Headlines…

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Year-Over-Year Bankruptcy Filings Increase in August

Wells Fargo $185 Million Penalty is a Warning to Collectors, Too: Look Hard at Your Compensation Plans

U.S. District Court Judge Dismisses Collection Litigation Suit Against Bank of America

FDCPA Case Law Review for August 2016, a Busy Month

NACBA and NCLC Enter Fair Credit Reporting Arena

The Massachusetts Supreme Judicial Court Lends a Helping Hand to Inadvertent Lender Omissions in the Execution of Mortgage Acknowledgements

Divided Court Rules Proof of Claim for Stale Debt Does Not Violate FDCPA

California Court Weighs in on “True Lender” Issue as CFPB Expands its UDAAP Enforcement Authority

Information Asymmetry: The CFPB Proposes Changes To The Rules Governing Confidential Information

Student Loan Forgiveness Could Be Coming to NJ

TCPA Case Dismissed In Part On Economic Damages Analysis

UPCOMING WEBINARS

NACBA Webinars Web Banner (1)

7 Keys to Building a Referral-based Law Firm

DATE: Thursday, September 14, 2016, 3:00 PM EST / 12:00 PM PST
COST: FREE for NACBA Members
PRESENTER: Stephen Fairley, CEO, The Rainmaker Institute
REGISTER: HERE

Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems
with Non-Bankruptcy Causes of Action
DATE: Thursday, September 22, 2016 – 3:00 PM EST / 12:00 PM PST
COST: $25 NACBA Member, $75 Non-Member
PRESENTERS:
Judge Paul W. Bonapfel, Northern District of Georgia
J. Erik Heath, Esq., Consumer Bankruptcy Attorney, San Francisco, CA
John Rao, Esq., National Consumer Law Center, Inc.
REGISTER: HERE

Events

NACBA’s  Fall Workshop

Sail-Away-1024x551 (1)

Pack your bags and set sail for the 2016 NACBA Fall Workshop on October 6th-9th for stellar sessions, excellent presenters, CLE, networking and a little relaxation!  Get all the details and register today!

SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

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

JOIN NACBA TODAY

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