debt settlement

Bankruptcy News Briefs 8/26

In Headlines…

Credit Card Delinquency Rates Remain Low Despite Rise in Subprime Borrowers

Student Lending Giant Could Face CFPB Lawsuit

New Call Intervention App Supported by the FTC Could Harm Legitimate Businesses and Prevent Consumers from Receiving Important Information

Reports from Borrowers and Lenders Show Differences in Credit Card, Student Loan Debt

New York Fed: Student Loan Delinquency Rates Double with Loans in Deferment and Forbearance

Eleventh Circuit Court of Appeals Confirms Validity of “Prior Express Consent” in TCPA Case

Harris Precludes Attorney Fee Payments Out of Undisbursed Funds

Countless Consumers Are Paying Off Someone Else’s Debt Because Of Default Judgments

Bankruptcy Judge Sides With Owner on Home Surrender

Events That Educate

Register for Today’s Webinar… Free for NACBA Members!

Are you struggling to establish a powerful online presence for your law firm?
Have a website that looks nice but doesn’t bring in new business for your firm?
Not sure what kind of web presence you need since you get all of your business through referrals?

Then Register for the Effective (And Ethical) Online Marketing For Law Firms Webinar, Wednesday, August 26, 2015 at 2:00 PM EST/11:00 AM PST. You’ll learn how to establish a comprehensive online presence that will increase your exposure, enhance your credibility and foster referrals while following the Rules of Professional Conduct. It’s Free for NACBA Members!

Join Fred J. Cohen, JD the founder and CEO of Amicus Creative Media as he provides examples of effective websites, a list of concrete strategies to follow as well as common pitfalls to avoid.

Mark Your Calendars for NACBA’s 24th Annual Convention!

Did you enjoy NACBA’s Convention in Chicago? Then you won’t want to miss the 24th AnnualNACBA Convention in San Francisco, May 19-22, 2016! Make sure you Save the Date!

The Perks of Being a NACBA Member

Read timely topics that are relevant to your practice in the new Summer Edition of the National Consumer Bankruptcy Journal.
Sign up for one of the Playback NACBA packages from the 2015 NACBA Convention in Chicago to have access to session recordings.
Amicus Brief Project and Litigation Support– NACBA files amicus briefs in selected appellate and Supreme Court cases that could significantly impact consumer bankruptcy rights. As a NACBA member you have access to all amicus briefs as well as model briefs on numerous issues arising under the 2005 bankruptcy amendments.
Professional development is simple and affordable with Continuing Legal Education: On Demand with Attorney Credits.com. NACBA members are entitled to a 15% discount off allCLE courses and bundles and processes CLE credits in over 30 U.S. States.

What’s Your NACBA Status?

Your NACBA Membership is an investment in you! Renew your membership today!

Join NACBA to take advantage of education opportunities , the ability to network with your peers and comprehensive benefits!

Subscribe to NACBA Now to Receive Relevent News Every Week

Groups: Department of Education Fails To Respond To White House Call For Student Debt Relief In “Undue Hardship” Bankruptcy Cases

WASHINGTON, D.C. – July 13, 2015 – The National Association of Consumer Bankruptcy Attorneys (NACBA) and National Consumer Law Center, Inc. (NCLC) issued the following joint statement today:

“In March, President Obama directed the Department of Education and other federal agencies to do more to help serve the nation’s student loan borrowers, including those in financial distress and those who have been wronged by loan servicers, loan collectors, or schools. In order to provide clarity with respect to the rights of borrowers in bankruptcy, the Department of Education was directed to provide information to assist parties in determining whether an undue-hardship case in bankruptcy should be accepted or contested.

Last week, the Department of Education responded to the White House in the worst possible way by giving a green light to the loan holders’ aggressive strategy of fighting virtually every case in which undue hardship is claimed. Not only is this completely contrary to the intent of President Obama to find a way to help out more student loan borrowers suffering genuine financial distress, it will only serve to encourage loan holders and the Department’s contractors to be even more ruthless in systematically using their considerable legal might to crush any such filings under a mountain of appeals, delays, and other tactics.

Americans have accumulated $1.2 trillion in student loan debt, exceeding even the level of credit card debt in our nation. Seven in ten college seniors who graduated in 2012 had student loan debt, with an average of $29,400 per borrower. Because federal law treats student loan debt as nondischargeable in bankruptcy proceedings except in the case of undue hardship, borrowers can be burdened with this debt for a lifetime even if circumstances make it unlikely that the borrower will ever be able to repay.

While we recognize the Department’s prerogative to fairly collect on student loan debts owed to it, it is not sensible or cost-effective for the Department or its contractors to engage in lengthy legal challenges and appeals against bankrupt student loan borrowers who have demonstrated a clear and legitimate inability to repay their loans.

The need for action with respect to the student loan debt crisis is urgent. Today’s response from the Department of Education enshrines the worst practices of loan servicers to ride roughshod over borrowers suffering real financial distress. The White House should instruct the Department of Education to reconsider its response and, instead, to adopt an approach that recognizes that a real crisis requires a real solution.”

ABOUT THE GROUPS

Since 1969, the nonprofit National Consumer Law Center® (NCLC®) has worked for consumer justice and economic security for low-income and other disadvantaged people, including older adults, in the U.S. through its expertise in policy analysis and advocacy, publications, litigation, expert witness services, and training. http://www.nclc.org

The National Association of Consumer Bankruptcy Attorneys is the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy. Formed in 1992, NACBA now has more than 3,000 members located in all 50 states and Puerto Rico.www.nacba.org

New NACBA State Chair Announced For Central California

Los Angeles Attorney Jenny Doling Tackles New Role Leading Education Program for National Association of Consumer Bankruptcy Attorneys

The National Association of Consumer Bankruptcy Attorneys (NACBA) announced that California attorney Jenny L. Doling of the Law Offices of Jenny L. Doling, A.P.L.C. in Palm Desert, California will serve as its new state chair representing the entire Central District of California, the largest district in the Country.

As NACBA’s state chair for the Central District of California, Doling will serve as the official liaison between the group’s leadership in Washington, D.C. and its member attorneys, bankruptcy judges, and other court officials in the state, as well as serving as a primary contact for local media regarding consumer bankruptcy issues.

Serving approximately 3,500 members in all 50 states and Puerto Rico, NACBA is the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy.

Jenny L. Doling said: “I am honored to represent NACBA as the new State Chair for the Central District of California. NACBA’s unparalleled efforts to advocate for consumer bankruptcy debtors nationwide has brought about clear and necessary changes in an unbalanced financial industry. I look forward to working with NACBA in its efforts to protect the rights of struggling families, to advocate for better laws, and to bring members together for a stronger debtors’ bar.”

NACBA Executive Director Dan LaBert said: “Our leadership team is dedicated to continuing our mission in California to help to protect the rights of families in financial distress at a grassroots level. Our national membership is supported by a strong network of state chairs appointees. Jenny is a longstanding NACBA member and will make an excellent state chair in the Central District of California. We look forward to working closely with her to represent bankruptcy attorneys and their important policy objectives across a wide range of issues.”

Jenny Doling has been working with consumer debtors for nearly 20 years, and is licensed to practice law in California and Nevada. She has several reported cases in the Central District of California and the 9th Circuit BAP. Doling is a Professor of Bankruptcy Law for the California Desert Trial Academy. In addition, she is an active member of NACBA, and the California Bar Association. She also serves on the Board of the Inland Empire Bankruptcy Forum (IEBF). Doling is a frequent panel speaker at continuing education conferences for IEBF, NACBA, NACTT, and NCBJ.

Bankruptcy News Briefs 6/29

CFPB Publishes Over 7,700 Complaint Narratives About Companies, 29% Are About Debt Collection

NABCA Weighs in on Intersection between Bankruptcy Code and FDCPA

Use of federal parents-only loans skyrockets

Call It a Comeback for Risky Home Buyers

Debt Collection Complaints Continue, But An Overwhelming Majority Are Solved Amicably

Not a Member of NACBA and Want to Take Advantage of Webinars, Resources, Networking and More? Join Today!

Renew Your NACBA Membership Today!

Bankruptcy News Briefs 6/23

Hospital Loses Loan Lawsuit

Medical Debt Collector Settles CFPB Enforcement Action

Caulkett Does Not Affect Lien-Stripping in Chapter 13

Madoff Trustee’s High Court Rebuff May Cut Victim Recoveries

As Corinthian Claim Deadline Approaches, Few Students Expected to File

Companies to Pay Restitution to Settle Charges of Illegal Activity

CFPB Wants Search Engines to Help Stop Student Debt Scams

Not a Member of NACBA and Want to Take Advantage of Webinars, Resources, Networking and More? Join Today!

Don’t Forget to Renew Your NACBA Membership!

New NACBA State Chair Announced For Georgia

Atlanta Attorney Alex Dolhancyk Tackles New Role Leading Education Program for National Association of Consumer Bankruptcy Attorneys

The National Association of Consumer Bankruptcy Attorneys (NACBA) announced that Atlanta bankruptcy attorney Alex Dolhancyk of The Dolhancyk Law Firm in Jonesboro, GA will serve as its new state chair representing Georgia.

As NACBA’s state chair in Georgia, Dolhancyk will serve as the official liaison between the group’s leadership in Washington, D.C. and its member attorneys, bankruptcy judges and other court officials in the state, as well as serving as a primary contact for local media regarding consumer bankruptcy issues.

Alex Dolhancyk said: “NACBA’s efforts in advocating debtor’s rights at the national level is unequaled. I am honored to work with NACBA’s leadership and Georgia attorneys in continuing that effort.”

NACBA Executive Director Dan LaBert said: “Our leadership team is dedicated to continuing our mission in Georgia to help to protect the rights of families in financial distress at a grassroots level. Our national membership is supported by a strong network of state chairs appointees. Alex is a longstanding NACBA member and will make an excellent state chair in Georgia. We look forward to working closely with him to represent bankruptcy attorneys and their important policy objectives across a wide range of issues.”

Dolhancyk has represented consumer debtors in bankruptcy cases for over 27 years. He is licensed to practice in Georgia, Tennessee and New York, and has numerous reported cases in the Northern District of Georgia bankruptcy. Dolhancyk is board certified in consumer bankruptcy law, and is an active member of the Bankruptcy Law section of the Georgia Bar Association and in the Metro Atlanta Consumer Bankruptcy Attorney Group. He holds an LLM in Business Law from Emory University.