Henry Sommer

Bankruptcy News Briefs 6/19

New Week…New Headlines

U.S. House Judiciary Subcommittee on the Constitution and Civil Justice Holds Hearing to Examine Abusive TCPA Lawsuits

U.S. Department of Education Announces Plan to Improve Student Loan Regulations

Consumers’ Financial Expectations Worsen Somewhat in May

What You Should Know About “Standing” Since Spokeo

First Circuit Rules that Bankruptcy Court “Retention of Jurisdiction” Provisions Not Enough to Establish Jurisdiction

Subject Matter Jurisdiction and Abstention in Legal Malpractice actions brought by a Bankruptcy Debtor – Part 1

THE U.S. ECONOMY IN A (POST?) DODD-FRANK NATION

Dodd-Frank under fire

Where Creditor Released Garnishment within One Week of Learning of Bankruptcy, Debtor Did Not Have a Case Under §362(k) for Stay Violation

Debtor who Failed to Disclose Material Information in his Schedules and Statements Did Not Meet Marrama’s “Lack of Bad Faith” Requirement to Convert to Chapter 13

Debtor who Fails to Make Direct Payments to Secured Creditor under “Cure and Maintain” Plan is Not Entitled to a Discharge since they are “Payments Under the Plan”

Upcoming NACBA Webinar!

Don’t miss NACBA’s comprehensive webinar, “2017 Case Law Updates & Impact on Consumer Bankruptcy Attorneys,Thursday, June 22nd from 3pm-4pm ET with Henry Sommer and Angela Littiwn. This webinar will discuss recent trends in bankruptcy case law, with analysis of cases decided by the Courts of Appeals and other appellate courts. Take a look at the cases they will be discussing and make sure you Register Today!

Cost is $25 for NACBA Members/$75 For NonMembers

Renew Your Membership  For a Chance to Win This Great Resource!

Renew your membership in June to 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.

Introduce a New Member to NACBA & 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!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

Bankruptcy News Briefs 6/13

Take a Moment To Dive Into These Headlines…

CFPB Seeks OMB Approval to Conduct a Consumer Survey to Test Debt Collection Disclosures

Industry Association Urges Caution When Interpreting Santander Decision

Judge McEwen Sanctions Green Tree under FRBP 9011 for Not Verifying Values of Collateral in Reaffirmation Agreements; Orders Servicer to Modify Training Manual

U.S. Supreme Court Holds Debt Purchaser Collecting Its Own Debt Is Not Subject to FDCPA

Federal Court Dismisses Class Action Alleging Solicitation for Payments on Time-Barred Debt is “Misleading” Under FDCPA

Ocwen to Resume Constitutional Attack on CFPB

Administration looks to curb CFPB powers, change bank rules

Removing the Tax Consequences of Student Loan Discharge

Women hold most of the US’s student loan debt

Debt collector call volume doesn’t constitute harassment, court rules

West Virginia Top Court Says Debt Collector Calls OK

IRS use of collection agencies for debts could unleash scam attempts

Rhode Island Federal Court Refuses to Dismiss FDCPA Case against Law Firm Pursuing Mortgage Foreclosure

Ohio Law Firm Believes Mounting Credit Card Debt in U.S. Will Increase Bankruptcies

Upcoming NACBA Webinar!

Don’t miss NACBA’s comprehensive webinar, “2017 Case Law Updates & Impact on Consumer Bankruptcy Attorneys,Thursday, June 22nd from 3pm-4pm ET with Henry Sommer and Angela Littiwn. This webinar will discuss recent trends in bankruptcy case law, with analysis of cases decided by the Courts of Appeals and other appellate courts. Take a look at the cases they will be discussing and make sure you Register Today!

Cost is $25 for NACBA Members/$75 For NonMembers

Renew Your Membership  For a Chance to Win This Great Resource!

Renew your membership in June to 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.

Introduce a New Member to NACBA & 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!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

 

 

Register for NACBA’s Webinar, “2017 Case Law Update& Impact on Consumer Bankruptcy Attorneys” Today!

 

Don’t miss NACBA’s comprehensive webinar, “2017 Case Law Update& Impact on Consumer Bankruptcy Attorneys,Thursday, June 22nd from 3pm-4pm ET with Henry Sommer and Angela Littiwn. This webinar will discuss recent trends in bankruptcy case law, with analysis of cases decided by the Courts of Appeals and other appellate courts. Take a look at the cases they will be discussing and make sure you Register Today!

  • Midland Funding, LLC v. Aleida Johnson, No. 16-348
  • Husky Int’l Elecs., Inc. v. Ritz, 136 S. Ct. 1581 (2016)
  • Failla v. Citibank, N.A. (In re Failla), 838 F.3d 1170 (11th Cir. 2016)
  • Lynch v. Jackson, 2017 WL 59011 (4th Cir. Jan. 4, 2017)
  • In re Adinolfi, 543 B.R. 612 (B.A.P. 9th Cir. 2016)
  • Fla. Dep’t of Revenue v. Gonzalez (In re Gonzalez), 832 F.3d 1251 (11th Cir. 2016)
  • In re Rivera, 832 F.3d 1103 (9th Cir. 2016)
  • County of Dakota v. Milan (In re Milan), 556 B.R. 922, 923 (B.A.P. 8th Cir. 2016)
  • Germeraad v. Powers, 826 F.3d 962 (7th Cir. 2016)
  • In Re Tracht Gut, LCC, 836 F.3d 1146 (9th Cir. 2016)
  • Birmingham v. PNC Bank, N.A. (In re Birmingham), 846 F.3d 88 (4th Cir. 2017)
  • In re Crawford, 841 F3 1 (1st Cir. Oct. 25, 2016)
  • DeNoce v. Neff (In re Neff), No. 14-60017 (9th Cir. June 9, 2016)
  • Spokane Law Enforce Fed. Credit Union v. Barker (In re Barker), 839 F.3d 1189 (9th Cir. 2016)
  • Anderson v. Hancock (In re: Hancock), 820 F.3d 670 (4th Cir. 2016)
  • Smith v. Capital One Bank (USA), N.A., 845 F.3d 256 (7th Cir. 2016)
  • Bazemore v. Jefferson Capital Sys., LLC, No.  15-12607 (11th Cir. July 5, 2016)

Cost of the Webinar

$25 for NACBA Member/$75 Non-Member

We Hope You Join Us!

2016 Virtual Bankruptcy Workshop Session Highlight

join-us-for-the-2016-virtual-bankruptcy-workshop

Ready for a second round of sessions of the 2016 Virtual Bankruptcy Workshop?

Friday, December 16th 

12:00 PM-1:00 PM ET

Sailing the Supreme Court Seas: The Top Supreme Court Consumer Bankruptcy Decisions
Presented by: Tara Twomey, Esq. & Henry Sommer, Esq.

It may not be the best court, but it’s the highest court and it is the last word for sailors of the bankruptcy globe. This panel will navigate the Court’s decisions on important consumer bankruptcy issues, including, exemptions, dischargeability, claims, discrimination, chapter 13 plans, lien stripping, and more.

There is still time to Register even if you didn’t register for session one on December 9th. Register today and still receive the recording for session one and session two if you are unable to attend.

About Our Presenters:

avatar for Henry Sommer

Henry Sommer

Henry J. Sommer is Supervising Attorney at the pro bono Consumer Bankruptcy Assistance Project in Philadelphia. He has litigated many major cases involving bankruptcy, consumer law, civil rights and other issues. Previously, he was the head of the Consumer Law Project at Community Legal Services in Philadelphia, where he worked for over 21 years. Mr. Sommer has also served as a Lecturer-in-Law at the University of Pennsylvania Law School and is an Adjunct Professor at Temple University School of Law. He received his A.B. degree from Harvard College, magna cum laude and his J.D. degree from Harvard Law School, cum laude.

Mr. Sommer is Editor in Chief of Collier on Bankruptcy and the entire Collier line of bankruptcy publications. He is the author of Collier Consumer Bankruptcy Practice Guide (Matthew Bender); Consumer Bankruptcy Law and Practice, (9th Ed. 2009) published by the National Consumer Law Center, Boston, Ma., and Consumer Bankruptcy: The Complete Guide to Chapter 7 and Chapter 13 Personal Bankruptcy (John Wiley & Sons 1994) as well as numerous articles on bankruptcy law. He is the co-author of Collier Family Law and the Bankruptcy Code (Matthew Bender).

Mr. Sommer is a former President of the National Association of Consumer Bankruptcy Attorneys (NACBA), a former member of the Federal Judicial Conference Advisory Committee on Bankruptcy Rules (appointed by the Chief Justice of the Supreme Court) and a member of the National Bankruptcy Conference. He is a Fellow of the American College of Bankruptcy, a member of the American Law Institute, and a former member of the Federal Reserve Board Consumer Advisory Council. He is also President of the National Consumer Bankruptcy Rights Center and a former Chairman of the Eastern District of Pennsylvania Bankruptcy Conference.

He has been asked to testify many times before the House and Senate Judiciary Committees, as well as the National Bankruptcy Review Commission, on bankruptcy and consumer law issues. He has served on the faculty of numerous continuing legal education programs including those presented by the Federal Judicial Center, NYU Law School, the National Conference of Bankruptcy Judges, the Southeastern Bankruptcy Law Institute, the Executive Office of U.S. Trustees, the ABA Family Law Section, NACBA, ALI-ABA and the Pennsylvania Bar Institute. Mr. Sommer was the first recipient of the National Consumer Law Center’s Vern Countryman Consumer Law Award.

avatar for Tara Twomey

Tara Twomey

Tara Twomey is the Amicus Project Director for the National Association of Consumer Bankruptcy Attorneys and currently Of Counsel to the National Consumer Law Center. She is currently a Lecturer in Law at Stanford, and has previously lectured at Harvard and Boston College Law Schools. Tara is a former Clinical Instructor at the Hale and Dorr Legal Services Center of Harvard Law School where her practice focused, in part, on sustainable homeownership for low- and moderate-income homeowners. She is a contributing author of several books published by the National Consumer Law Center including, Foreclosures: Defenses, Workouts and Mortgage Servicing and Bankruptcy Basics. Ms. Twomey is also a co-principal investigator, along with Professor Katherine M. Porter of the University of Iowa, for a national study examining mortgage claims in consumer bankruptcy cases.

#NACBASEA Spotlight With Henry Sommer and Tara Twomey

#NACBASEA has a stellar schedule lined up for it’s Fall Workshop at Sea! The sessions kick off bright and early on Saturday October 8, 2016 7:00 am – 8:30 am! Grab your coffee and breakfast before you attend:

Sailing the Supreme Court Seas: The Top Supreme Court Consumer Bankruptcy Court Decisions

It may not be the best court, but it’s the highest court and it is the last word for sailors of the bankruptcy globe. The panel will navigate the Court’s decisions on important consumer bankruptcy issues, including, exemptions, dischargeability, claims, discrimination, chapter 13 plans, lien stripping, and more.
Presenters:

sommer

Henry Sommer

Supervising Attorney
Philadelphia, PA

Henry J. Sommer is Supervising Attorney at the pro bono Consumer Bankruptcy Assistance Project in Philadelphia. He has litigated many major cases involving bankruptcy, consumer law, civil rights and other issues. Previously, he was the head of the Consumer Law Project at Community Legal Services in Philadelphia, where he worked for over 21 years. Mr. Sommer has also served as a Lecturer-in-Law at the University of Pennsylvania Law School and is an Adjunct Professor at Temple University School of Law. He received his A.B. degree from Harvard College, magna cum laude and his J.D. degree from Harvard Law School, cum laude.

Mr. Sommer is Editor in Chief of Collier on Bankruptcy and the entire Collier line of bankruptcy publications. He is the author of Collier Consumer Bankruptcy Practice Guide (Matthew Bender); Consumer Bankruptcy Law and Practice, (9th Ed. 2009) published by the National Consumer Law Center, Boston, Ma., and Consumer Bankruptcy: The Complete Guide to Chapter 7 and Chapter 13 Personal Bankruptcy (John Wiley & Sons 1994) as well as numerous articles on bankruptcy law. He is the co-author of Collier Family Law and the Bankruptcy Code (Matthew Bender).

Mr. Sommer is a former President of the National Association of Consumer Bankruptcy Attorneys (NACBA), a former member of the Federal Judicial Conference Advisory Committee on Bankruptcy Rules (appointed by the Chief Justice of the Supreme Court) and a member of the National Bankruptcy Conference. He is a Fellow of the American College of Bankruptcy, a member of the American Law Institute, and a former member of the Federal Reserve Board Consumer Advisory Council. He is also President of the National Consumer Bankruptcy Rights Center and a former Chairman of the Eastern District of Pennsylvania Bankruptcy Conference.

He has been asked to testify many times before the House and Senate Judiciary Committees, as well as the National Bankruptcy Review Commission, on bankruptcy and consumer law issues. He has served on the faculty of numerous continuing legal education programs including those presented by the Federal Judicial Center, NYU Law School, the National Conference of Bankruptcy Judges, the Southeastern Bankruptcy Law Institute, the Executive Office of U.S. Trustees, the ABA Family Law Section, NACBA, ALI-ABA and the Pennsylvania Bar Institute. Mr. Sommer was the first recipient of the National Consumer Law Center’s Vern Countryman Consumer Law Award.

tara

Tara Twomey

National Association of Consumer Bankruptcy Attorneys
Amicus Director
Carmel, CA

Tara Twomey is the Amicus Project Director for the National Association of Consumer Bankruptcy Attorneys and currently Of Counsel to the National Consumer Law Center. She is currently a Lecturer in Law at Stanford, and has previously lectured at Harvard and Boston College Law Schools. Tara is a former Clinical Instructor at the Hale and Dorr Legal Services Center of Harvard Law School where her practice focused, in part, on sustainable homeownership for low- and moderate-income homeowners. She is a contributing author of several books published by the National Consumer Law Center including, Foreclosures: Defenses, Workouts and Mortgage Servicing and Bankruptcy Basics. Ms. Twomey is also a co-principal investigator, along with Professor Katherine M. Porter of the University of Iowa, for a national study examining mortgage claims in consumer bankruptcy cases.

Register Today for #NACBASEA and Receive the Early Bird Rate!

Atlanta Attorney Honored For Outstanding Legal Aid Contributions

National Association of Consumer Bankruptcy Attorneys Awards Henry J. Sommer Scholarship to Victoria Cox of Atlanta Legal Aid Society.

Kidd Law 1512Each year, one bankruptcy attorney who demonstrates outstanding contributions in his or her community is granted a scholarship from National Association of Consumer Bankruptcy Attorneys (NACBA) to attend its national convention at no cost.  This year, NACBA’s coveted Henry J. Sommer Legal Aid Scholarship goes to Victoria Cox, counsel, for the Law Office of Douglas T. Kidd, P.C., and staff attorney, Home Defense Program at Atlanta Legal Aid Society, Inc.

The Henry J. Sommer scholarship was created in recognition of the extraordinary contributions to NACBA by President Emeritus Henry J. Sommer, who served on NACBA’s Board from 1992 to 2011 and as President from 2005 to 2008.  In addition to the educational opportunity, the scholarship allows the deserving recipient an opportunity to interact with others in the close-knit community of 3,5000 bankrupcty attorneys in the U.S.

NACBA Executive Director Dan LaBert said:  “We are pleased to announce Victoria Cox as the 2015 recipient of the NACBA Henry J. Sommer Legal Aid Scholarship.  It’s no small accomplishment to be selected from such a vast field of bankruptcy attorneys.  We applaud Ms. Cox for her important legal aid achievements in her local community in Atlanta, and are eager to provide this opportunity so that she may influence bankruptcy issues on the national stage, including policies affecting our colleagues in every state.”

The 2015 Scholarship winner, Victoria Cox is an active member of the Metro Atlanta Consumer Bankruptcy Attorneys Group (MACBAG), Georgia Association for Women Lawyers and the Northern Judicial Circuit Bar Association.  Her practice areas include bankruptcy, mortgage lending and servicing, and foreclosure defense.

Cox received her law degree from Georgia State University in 2014.  During law school, she participated in several student-run clinics where she represented clients with federal tax, health, housing, and consumer bankruptcy issues.  Prior to law school, she attended Northern Arizona University and graduated cum laude with a Bachelor of Science in Accountancy in 2010.  Cox resides in Atlanta GA.

NCBRC Protects the Integrity of the Bankruptcy System

Posted below is a brief snippet from Legal Ink Magazine that recently featured the National Consumer Bankruptcy Rights Center (NCBRC). Legal Ink Magazine is collaboration effort spearheaded by Attorney Credits and is distributed to over 160,000 attorneys. NACBA Attorneys could visit Attorney Credits for on-demand CLE and a special member benefit.

Each year, millions of individuals and families across the country struggle to pay their bills. Often financial distress follows on the heels of other unanticipated events such as job loss, divorce, substantial out-of-pocket medical expenses and natural disasters. Bankruptcy may provide these debtors with the opportunity for a fresh start. The Bankruptcy Code grants financially distressed debtors certain rights that are critical to the proper functioning of the bankruptcy system as a whole. However, bankruptcy debtors, lacking both financial resources and exposure to the bankruptcy system, often do not have the ability to protect the integrity of the bankruptcy system and preserve the bankruptcy rights of consumer debtors more generally. The National Association of Consumer Bankruptcy Attorneys’ Amicus Project was created to fill that vacuum, and in 2010 the NACBA Board founded the National Consumer Bankruptcy Rights Center (NCBRC) to further the mission.

NCBRC provides assistance either by working directly with debtors’ attorneys or by filing amicus briefs in courts throughout the country. In cases with the potential to affect consumer debtors throughout the county, NCBRC’s amicus curiae briefs address broader issues so that the legal effects of courts’ decisions do not depend solely on the parties directly involved in the case. Since its founding NCBRC has filed more the 40 amicus briefs in courts throughout the country. Recent examples of NCBRC Amicus Briefs:

READ MORE: Protecting Social Security Benefits, Preserving Earned Income Tax Exemption & Defending Debtor’s Homestead Exemption.