Judicial Estoppel

Hot Off the Press! The 2016 Winter Edition of the Consumer Bankruptcy Journal!

Read the Winter Edition of NACBA’s Consumer Bankruptcy Journal


2016…What a year it has been! So many changes, surprises and more. Now it’s time to kick and back wait for 2017 to roll in, but while you’re waiting read the latest winter edition of the Consumer Bankruptcy Journal. Here’s what you can expect:

  • #NACBA25: Is Your Business a Force to Be Reckoned With?
  • 8 Proven Steps to Double Your Referrals
  • The Gap Between Judges and Attorneys Over Fees
  • The Private Right of Action
  • NCBRC Cases in Review
  • NACBA Takes on 11th Circuit Judicial Estoppel Doctrine
  • Business From Chapter 7 Bankruptcy Estate

There’s much more so make sure you  take a few minutes to read these timely and relevant articles brought to you in this month’s CBJ.


Bankruptcy News Briefs 12/5


Credit Cards, Auto and Student Loans Cause ‘Modest’ Increase in Household Debt

NACBA Takes On 11th Circuit Judicial Estoppel Doctrine

Consumer and Small Business Advocates Oppose OCC’s Plan to Offer Fintech Lending Charters

Advocates Applaud Bill to Give Fake Account Victims Their Day in Court

CFPB Issues Fact Sheet on Prepaid Card Rule Effective Dates

Reporting Medical Debt, Consumer Driven Health Plans and more in December Pulse

Class-action lawsuit against Nebraska debt collector settled for $198K

Ninth Circuit finds foreclosure trustee isn’t debt collector under federal law

What’s In A Barcode?: District Court In Eleventh Circuit Adopts Benign Language Exception For Debtor’s Account Number

FCC Reiterates Its Position that Robotexts are Subject to TCPA

Creditors Committees’ Members May Not Be Sued Absent Bankruptcy Court’s Permission

Bankruptcy When You Are on Disability

From Federal Procedure Rules to State Bar Association Rules —Lawyers Need Tech Skills to Remain Competent

Long Anticipated Bankruptcy Law Goes Into Effect

Upcoming NACBA Events


A two (2) day overview of cutting edge consumer bankruptcy education in a virtual format presented by some of the top bankruptcy experts in the United States.

DATES: Friday, December 9, 2016 & Friday, December 16, 2016

Friday, December 9: 12:00 PM – 3:30 PM EASTERN and
Friday, December 16: 12:00 PM – 3:00 PM EASTERN

Schedule conflict? No worries at all.
Register by 12/8/16 and the recordings will be emailed to you upon request.

$99 NACBA Members, $199 Non Members

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


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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!


2016 Virtual Bankruptcy Workshop Session Highlight


The Cutting Edge: Hot Topics and Cool Trends

Friday, December 9th

Time 12:00 PM-12:30 PM ET

Presented by: Tara Twomey, Esq.

Tara will plumb the depths of current consumer bankruptcy issues identified by NCBRC, NACBA’s amicus project including the latest on the McCoy rule, the application of judicial estoppel to unlisted claims, the dischargeability of restitution and court debt, debt for dirt (paying claims with property of the estate), vesting, and more.

More About Tara: 

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 

Register for “Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems with Non-Bankruptcy Causes of Action,” Webinar

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Register for NACBA’s Webinar on September 22nd

Join us for “Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems with Non-Bankruptcy Causes of Action.” Webinar at 3:00 PM EST/12:00 PM PST. 

Not only will this this webinar 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. But, there’s more…

One (1) attendee/ registrant will be chosen at random to receive a copy of Chapter 13: Practice And Procedure, 2nd, 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)

Just all the more reason to join our presenters, Judge Paul W. Bonapfel, Northern District of Georgia, J. Erik Heath, Esq., Consumer Attorney, San Francisco, CA and John Rao, Esq., National Consumer Law Center, Inc. as they dive into this important subject.

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, 2nd, 2016 Ed) and be registered for drawing.

Register Today! Cost is $25 for NACBA Members and $75 for Non-Members.


Bankruptcy News Briefs 8/15


Top of The Week News…

GAO Releases Report on CFPB’s SBREFA Panels

FCC Clarifies Application of TCPA to Calls Made by Schools and Utilities

A Win for Consumers! FCC Limits Robocalls for Collectors of Federal Student Loan Debt

Late-Filed Return Not Honest and Reasonable Attempt to Comply

CFPB Presents Significant New Regulatory Requirements for Third-Party Debt Collectors

CFPB Seeks Input On Changes To Consumer Complaint Process

College May Keep Tuition Money Paid by Bankrupt Parents, Judge Rules

The medical debt crisis: The prognosis is still dire for Americans struggling to pay off massive health care bills

The stimulus wore off. What now?


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CFPB Proposed Rule on Payday & Car Title Lending
DATE: Thursday, August 18, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
Ms. Ellen Harnick, Senior Policy Counsel & Western States Director, CRL
Ms. Lisa Stifler, Deputy Director of State Policy, CRL

Payday lenders purposefully ensnare people in debt they can’t escape. Payday and car title lenders drain more than $8 billion in fees annually. They collect 75 percent of their fees from people stuck in more than 10 loans a year by charging 300 percent APR. It’s a debt trap. Payday loan borrowers are more likely to fall behind on other bills and to file for bankruptcy.

In June, the CFPB proposed new rules to address the payday car title lending debt trap. Learn from experts at the Center for Responsible Lending about the payday loan debt trap, the proposed regulations, and how you can take action to strengthen the proposed rule.

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
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.


There are more than articles in the Consumer Bankruptcy Journal. Read the Board Annoucments, All the details on NACBA’s Fall Workshop, Updates on Events such as the 2 Day Law Firm Marketing Bootcamp, and more.


Free Registration to NACBA’s 2016 Fall Workshop Members-Only Cruise (Miami, FL – Nassau, Bahamas)

October 6-10, 2016

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Visit the NACBA Facebook page and enter to Win a Free Registration to the Fall Workshop Members Only CruiseJust LIKE the Post & SHARE on your page for a chance of winning one (1) FREE Registration (total value $594) to NACBA’s 2016 Fall Workshop Members Only Cruise (Miami, FL – Nassau, Bahamas), October 6-10, 2016. This prize package includes registration to the Pre-Cruise Tax Session.

Contest Expires August 26th, 2016 Winner Announced August 29th, 2016 . Non-Transferable. One (1) winner selected. Current Membership in NACBA Required. Good luck!


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


Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!